Individual liability for crimes against traffic safety and operation of transport

Abstract

With rising scientific and technological progress that we are experiencing now all kinds of mechanical transport are developing speedily and their power is boosting as well. As a result the number of road accidents is increasing and that leads to a greater number of deaths and injuries as well as destruction and damage to material objects. Practice gives evidence of catastrophic growth in Ukraine of the quantity of crimes which are related to vehicle operation. Criminal law enhancement in this sphere of activity is important in preventing violations of safety driving and vehicle operation. There is a number of regulations in the current criminal law that envisage responsibility for crimes against traffic safety and safe vehicle operation. The authors suggest that responsibilities should be included in separate articles of the Criminal Code of Ukraine for the violation of traffic and vehicle operation safety for different kinds of vehicles and these responsibilities should be combined into compact groups depending on the vehicle type which is the subject of the violation. Suggested regimentation will be more objective in building up a system of retributive measures against misdemeanours on relevant means of transportation. The lawmaker will have to precisely explain all the terms which are used in the Criminal Code regulations that can have ambiguous interpretation. The articles of the Criminal Code of Ukraine which provide penalization should have regulations regarding what part of the fine (25% or 30%) is paid out to the victim. It should be included in the law that in those articles where death is considered as an aggravating circumstance it means the death of at least one person. The authors also consider it necessary to include death as an aggravating circumstance into articles 276-1, 284, 289 of the Criminal Code of Ukraine. The authors suggest that criminal liability for crimes envisaged by articles 279, 278 and 292 of the Criminal Code of Ukraine should be imposed on persons when they reach 14 years. The authors` proposals are put forward to enhance the level of life and health protection of road users and their property.