Features of administrative responsibility for road safety violations

Authors

  • Hlushkova Daria PhD graduate of the Department of Legal Support of Economic Activity of the Faculty № 6 of Kharkiv National University of Internal Affairs, lecturer at the department law enforcement and police science of the Faculty № 6 of the Kharkiv National University of Internal Affairs https://orcid.org/0000-0001-5909-6367

DOI:

https://doi.org/10.37772/2309-9275-2021-2(17)-15

Abstract

Problem setting. At present, road traffic is one of the main elements of modern states. Using different types of vehicles, people have the opportunity to move faster, do freight, thereby facilitating their work in all areas of activity. This contributes to the development of economic activity, social activity and road infrastructure, but at the same time there are a number of negative consequences associated with traffic injuries, economic and social damage caused by road accidents. Today, about 7,000 people die in road accidents each year and nearly 4,000 are injured; every 12 minutes there is a car accident; almost every 1.5 hours a person dies. In Ukraine, the statistics of road accidents for the period from 01.01.2021 to 31.05.2021 amounted to 70774 – 22.2%. It is possible to reduce these indicators under the condition of introduction of the state program of the correct design of roads, and also increase of administrative responsibility for violation of traffic rules.

And what do we see when we look at the statistics of the last five years? And the fact that accident statistics are really scary, and is constantly growing. Law enforcement officers are constantly publishing regular collections of data on road accidents in the country. The tables are full of red numbers, the color of which indicates the deterioration of basic safety indicators.

Target of research is a comprehensive scientific study of administrative liability for violations of traffic legislation, its features, as well as improvement by amending legal acts will positively affect the development of transport – road complex of Ukraine and contribute to strengthening road safety as a component of national security. The main purpose of the study is to lay the groundwork for administrative liability for road safety offenses on the basis of a comprehensive analysis of scientific sources, generalization of legal material and law enforcement practice.

The object of this work is public relations, which are formed in the process of ensuring administrative liability for violations of legislation in the field of road safety in modern conditions.

Analysis of recent researches and publications. Issues of road safety in different volumes are reflected in studies conducted by: O. Bandurka, T. George, D. Medvedev, Yu. Piroshkova and others. At the general level, the concept of “road safety” as a component of public safety was studied by A. Basov, В. Glushkov, M. Inshin, O. Copan and others.

These scientists analyzed the problem of improving the administrative and legal responsibility of road safety and proposed to improve measures that will ensure the safety of all road users. However, the relevance of this topic is due to the constant updating of Ukrainian legislation, based on the provisions of which is the rule-making regulation of this area of public relations.

Article`s main body. The article defines the features of administrative responsibility for violation of road safety. The author considers changes in the legislation regulating administrative responsibility in the field of road safety. The analysis of the number of road traffic accidents (RTA) and their consequences over the past five years was also carried out. The study of this problem is relevant, since the analysis of static data on the number of road accidents indicates a low level of traffic safety and a high accident rate on highways.

Conclusions and prospects for the development. Based on the above, we can conclude that the current legislation in the field of administrative liability for violations of road safety is quite extensive and provides for various types of administrative penalties aimed at saving lives and reducing socially dangerous accidents. Also, the legislative definition of the term “traffic” is not provided either in the Code of Administrative Offenses or in the Law of Ukraine “On Road Traffic”. I propose to define and legislate the concept of “road safety” as a set of factors and mechanisms that regulate legal relations, establish responsibility, describe the typical mechanisms and rules of conduct of all road users in the state.

References

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Published

2022-01-20

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Articles