НАПРЯМИ УДОСКОНАЛЕННЯ ПРАВОВОГО РЕГУЛЮВАННЯ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ЗА КЕРУВАННЯ ТРАНСПОРТНИМИ ЗАСОБАМИ У СТАНІ СП’ЯНІННЯ В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The purpose of the article is to consider the current state and identify areas for improving the legal regulation of administrative liability for driving while intoxicated under martial law. Based on the provisions of current legislation, achievements of the science of administrative law, it considers the provisions of three draft laws of Ukraine, which amend the Code of Ukraine on Administrative Offenses to strengthen liability for driving under the influence of alcohol, drugs or other intoxicants martial law. A number of research methods are used, due to its purpose and objectives. Statistical – to determine the dynamics of the number of administrative offenses committed with the participation of drivers who were behind the wheel in a state of intoxication. System-structural and functional – to determine the place and role of individual public administration in ensuring the country’s defense capabilities, the comparative law method was used in the study of draft regulations and CAO, which determine the grounds and procedure for confiscation of vehicles, etc. Results. The norms of the draft laws are considered from the point of view of their material and procedural direction. According to the first direction, remarks and proposals were formulated: on the general provisions of confiscation of a vehicle, which consists in its forced gratuitous transfer to state ownership; concerning the range of subjects for whose needs confiscated vehicles are transferred during martial law, excluding the Ministry of Internal Affairs from this list and expanding it at the expense of the National Guard of Ukraine, other military formations formed in accordance with the laws of Ukraine; on the inexpediency of supplementing the Code of Administrative Offenses with a rule that deprivation of the right to drive vehicles is appointed by the court and applies to persons who have such a right legally, as they make it impossible to apply the provisions of Part 2, 3, 6, 7 of Art. 130 of the Code; on the inexpediency of imposing such a penalty as deprivation of the right to drive vehicles for ten years and their confiscation, as they are contrary to applicable law; concerning introduction of temporary detention of vehicles before the decision of the case on the administrative offense provided by Art. 130 of the Code of Administrative Offenses (proposals to Article 265-2 of the Code). Conclusions. The main proposals of the author to the existing draft legislation are reduced to amendments to existing legislation in the following areas: a) temporary detention with a ban on the alienation of such a vehicle before the case judge; b) a reduced period for imposing such a penalty. It is emphasized that the existing projects need significant refinement, the application of a comprehensive substantive approach in order to ensure the implementation of tasks and achieve their goals.