Особенности применения ч. 1. ст. 19.3 КоАП РФ при невыполнении законного требования сотрудника полиции о прекращении эксплуатации автомобиля с недостаточной светопропускной способностью стекол

Abstract

Introduction. Driving a disabled vehicle with windscreens equipped with windows which light transmission does not comply with the requirements of the technical regulations on safety provides for administrative liability under Part 3.1 of Article 12.5 of the RF Code of Administrative Offences. The requirements issued by road safety police officers to stop unlawful actions have no clear legislative regulation; there are no sanctions in case ofreoffending. The purpose of the study is to determine the feature of the objective side of the administrative offence under Part 1 of Article 19.3 of the RF Code of Administrative Offences, when using a car with insufficient light transmission of windows. Methods. The methodological basis of the study is formed by dialectical method of cognition as a fundamental method of scientific analysis of the social and legal reality, as well as general scientific methods of research: theoretical analysis, comparative study of law, technical and legal analysis, specification, clarification and interpretation. Results. According to the legal experience, drivers who disobeyed orders to remove the vehicle malfunction and repeatedly reoffended under Part 3.1 of Article 12.5 of the RF Code of Administrative Offenceshave become subject to administrative liability in accordance with Part 1 of Article 19.3 of the RF Code of Administrative Offences. If a police officer has violatedthe procedure, the judicial authorities stop proceedings due to the lack of evidentiary support based on which the decree was issued. Conclusion. The legal basis for bringing a person to administrative liability under Part 1 of Article 19.3 of the RF Code of Administrative Offences comes into existence at the moment of driving a disabled vehicle, in which the operation of vehicles is prohibited in accordance with the Highway Code. Driving a vehicle with windows, the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles, is a violation of the Highway Code. Disobedience to the lawful demand of a police officer to stop the operation of a vehicle with insufficient light transmission of windows shall form the objective side of an administrative offence under Part 1 of Article 19.3 of the RF Code of Administrative Offences.