Human factor in criminal offences under article 286 of the Criminal Code of Ukraine

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The article analyses the ‘human factor’ which takes place in criminal offences under Article 286 of the Criminal Code of Ukraine. Drivers are the main participants in road traffic and the entities responsible for its safety. According to the statistical reports of the Prosecutor General's Office, in 2023, criminal violations of road safety or transport operation rules by persons driving vehicles were recorded by 10% more than in 2022. One of the ways to identify road safety problems and find solutions is to conduct public opinion surveys. This approach is widely used both in Ukraine and abroad. According to the results of a survey of about 3,000 respondents - vehicle drivers - 50.8% of them assessed the state of road safety in their region as unsatisfactory. Among the reasons for giving an unsatisfactory assessment of the state of road safety, respondents highlighted non-compliance with traffic rules by vehicle drivers (63.8 per cent of respondents), indiscipline of pedestrians (55.9 per cent), poor road infrastructure (44.1 per cent), and avoidance of punishment by traffic offenders (28.8 per cent), insufficient level of driver training (23.3%), insufficiently severe sanctions for traffic offenders (20.7%), poor traffic management (18.4%), poor performance of patrol police (10.4%), etc. Based on the results of generalisation of case law materials, the disregard of caution by drivers (i.e., violation of traffic rules in the place and at the time when they consider it necessary) is the main factor causing criminal offences under Article 286 of the Criminal Code of Ukraine. It is determined that the ‘human factor’ associated with the driver of a vehicle is the most vulnerable among the factors that influence the occurrence of road accidents. One of the terms which can be used to describe potentially criminogenic driver behaviour in scientific and journalistic literature is ‘aggressive driving’. It is stated that ‘aggressive driving’ is understood by drivers as active actions on the part of the person driving the vehicle rather than the subjective qualities of the driver (his or her temperament or upbringing), the main reason for which is the need for self-assertion. ‘Aggressive driving’ is identified by 7% of drivers as one of the biggest threats to safety from other people. ‘The human factor is not only manifested in the way a vehicle is driven. It also includes the influence of environmental factors on driver behaviour, which is manifested in the peculiarities of their psychological and physiological reactions to them. The driver's psychological state can be imbalanced not only by complex psychological processes (excitement, unstable emotional state or even depression), but also by situational incidents on the road. The most common source of these situations for both novice and experienced drivers may be fear and panic, which ‘provokes’ their misbehaviour on the road. Since the beginning of martial law, in addition to the ‘usual’ stress factors on the road - fear, irritation, panic, improper behaviour on the road - several additional (non-typical) causes of stress for drivers have emerged that can affect a person, increasing their stress state, including the type of reaction - exceeding the permissible speed limit. Such stressful situations are: 1) air raid alerts; 2) the threat of coming under fire, particularly in frontline areas; 3) unpredictable extreme situations related to enemy shelling of civilian infrastructure; 4) the threat of being injured after the shelling ends; 5) depressing visual perception of roads, settlements, military equipment, etc. damaged by shelling 6) lack of roadway lighting in the dark; 7) difficulties in adapting to urban conditions for drivers who have returned from combat and have been using a different, more aggressive way of driving for a long time while performing their duties, combat missions, etc.; 8) stressful situations related to driving during curfews without proper permission from local authorities, etc.