Administrative offenses in the field of traffic in Germany

Abstract

Introduction. The quality of justice depends on the peculiarities of the judicial process, in one way or another the opinion of the population about the judicial system is formed. This fact actualizes the need for research on the organization of court cases in foreign countries. However, it should be noted that a unified conceptual approach to the organization of litigation has not yet been developed. The automatic transfer of one of the world's existing models into the domestic judicial system can hardly be effective: any legal institute must organically fit into the already existing legal system. At the same time, the study of models of organization of trials of progressive European countries is necessary, since some of their elements can be borrowed and implemented in Ukraine today. The purpose of the paper is the analysis of the peculiarities of consideration of cases of administrative offenses in the field of traffic in Germany. Results. The experience of Germany shows that judicial review of administrative offenses in the field of traffic is conducted only if the offender (interested person) decides to appeal against the decision of the administrative jurisdiction to apply sanctions. In turn, to prevent the delinquent delinquency of administrative cases in the field of traffic, the courts are empowered to change the sanctions of administrative jurisdictions in the direction of increasing them, in addition, the court may reclassify the offense into a crime (during the case). Conclusion. The German legislature's approach to the organization of the trial and the circumstances of the case compels the offenders to pay the fine in the pre-trial proceedings. In this regard, the German judicial system is not overloaded with cases of this category, unlike the domestic judicial system.