Problems of criminal liability for non-compliance with a court decision depriving a person of the right to drive vehicles for committing an administrative offense

Abstract

The article substantiates the conclusion that neither the system of punishments nor the content of their types is a permanent phenomenon. With the development of society, with the change in the legal status of a person in a specific state, the system of punishments and their filling with specific legal restrictions is also changing. Such changes are influenced by many factors that form the state’s criminal law policy at a certain stage. Just a few dozen years ago, the “worst punishment” for children for their faults was a parental prohibition to go for a walk with their friends. On the contrary, for most of today’s teenagers, the “worst punishment” is the prohibition to use various kinds of electronic gadgets that provide the opportunity to join various virtual social networks, play computer games, etc. In many cases, virtual reality is more important than real life and physical communication with peers. Herewith, the psychological suffering experienced by teenagers from such restrictions is so strong that it sometimes leads to suicidal cases. In this regard, such punishment as deprivation of the right to occupy certain positions or engage in certain activities, as well as a corresponding administrative penalty, acquires special importance.In fact, nowadays it is possible to ensure the social isolation of a person without applying punishment in the form of imprisonment for a certain term. This is because of the fact that a significant amount of people spend their lives in various kinds of gadgets, at work or do not imagine their rest without computer games, favorite activities, communication with a certain company, etc. Therefore, if the restrictions aimed at depriving of such opportunities are applied, a person will inevitably feel social isolation, which will lead to significant changes in his or her everyday life. In this regard, an effective means of influence may be punishments aimed at depriving people of the opportunity to participate in certain spheres of social life. At the same time, the application of both criminal punishment and administrative penalty in the form of deprivation of certain rights is associated with certain problems during the actual execution and serving of such punishment or penalty. On the example of a specific criminal proceeding, the article analyzes the problem of liability for evasion of serving an administrative penalty in the form of deprivation of the right to drive vehicles. It is substantiated that the driving of a vehicle by a person deprived of the right to drive vehicles by a court decision as a result of the application of the corresponding administrative penalty should entail criminal liability for non-compliance with the court decision in accordance with Article 382 of the Criminal Code of Ukraine.