SUBJECTS OF ADMINISTRATIVE OFFENSES IN THE FIELD OF ENSURING ROAD SAFETY, RECORDED IN AUTOMATIC MODE

Abstract

The scientific article is devoted to the study of the issue of proper regulation of the subjective composition of offenses in the field of road safety, recorded automatically, and the harmonization of its legal definition with the general legal principles and presumptions of administrative liability. The article analyzes the national legislation and provides conclusions on the feasibility and effectiveness of legislative changes in this area in retrospect, namely – from the introduction of liability of owners (co-owners) of vehicles to the current regulation of the category of persons liable for traffic offenses, recorded automatically. Theoretical preconditions for legislative consolidation of liability of persons for whom the vehicle is registered, in the case of automatic detection of traffic violations, were created in 2008 and developed in stages. The direct introduction of such responsibility is connected with the adoption in 2015 of the Laws of Ukraine “On the National Police” and “On Amendments to Certain Legislative Acts of Ukraine on Improving the Regulation of Relations in the Sphere of Road Safety” (№ 596-VIII). At the same time, the practical implementation of innovations began only on June 1, 2020 and was expressed in the repeated unjustified introduction of liability of vehicle owners, the inadmissibility of which was emphasized by the Constitutional Court of Ukraine in the Decision of 22.12.2010. That is why the article focuses on the need to bring the provisions of the Code, which define the range of subjects of traffic violations, recorded automatically, in accordance with the Constitution of Ukraine, the Code of Administrative Offenses and the conclusions of the CCU, and the primary observance of the rights of persons who are held administratively liable for this type of misdemeanors. The purpose of the article is to study the legal status of a special subject of administrative offenses in the field of road safety, recorded automatically; identifying gaps in the legislative definition and streamlining of the subjective composition of offenses in this area.