ACTUAL ISSUES OF ADMINISTRATIVE-LEGAL QUALIFICATIONS OF VIOLATION THE RULES OF USE THE WARNING SIGNALS
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
The article is devoted to the research of the actual questions of administrative-legal qualification of actions vehicles' drivers, connected with violation the rules of use the warning signals. The legal norms’ analysis of the domestic legislation regulating the procedure for the use of warning signals on vehicles, and foresees the drivers’ responsibility for its violation. The qualification assessment of administrative offenses as the most important stage of the police activity regarding the application of the legislation norms on administrative misconduct and the necessary condition for the legality of all law enforcement activities of law enforcement bodies of Ukraine is given. It is investigated the most controversial questions of the certain qualification components of administrative misconduct concerning the use of precautionary signals arising in the enforcement activities in the units of the National Police of Ukraine. It was stated that in the practical activities of the units of the National Police providing traffic safety there is a mixed view of the legal grounds for administrative liability for the improper use of such signals in cases not related to the beginning of movement and change its direction, namely: in the case of failure signal to light a direction indicator of a corresponding direction before rebuilding; for use during the movement outside the settlement at daytime running lights from October 1, to May 1; violation of the rules using an emergency light signaling system. The author proves the necessity of introducing amendments to the administrative legislation of Ukraine, aimed at solving the problems of legal qualification of offenses in the field of ensuring road safety. It is substantiated, in the article, the expediency of generalization all administrative violations connected with the use of warning signals into one legal norm and to assume responsibility for them, which corresponds to the degree of public harm of these misdemeanors.
Authors and Affiliations
Andriy Chervinchuk
Keywords
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- EP ID EP407549
- DOI 10.32366/2523-4269-2018-64-3-120-125
- Views 81
- Downloads 0
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