Identifcation administrative offence subject in the area of road trafc security support, fxed in automatic regime
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
The issue of introduction systems of automatic fixation of administrative offences in the area of road traffic securing in Ukraine and mainly taking for administrative liability offenders on the base of data received by meanings of such system is actual for Ukraine. The subject of the biggest professional discussion between legal experts is not the issue of systems of automatic fixation of administrative offences in the area of road traffic securing function as such, but the issue of possibility taking for administrative liability offenders on the base of data received by meanings of such system. The purpose of this article in the context of identification administrative offence subject in the area of road traffic security support, fixed in automatic regime, is to recognize as such subject person, which was driving a transport vehicle at the moment of administrative offence occur, or a person, on which name transport vehicle is registered. Taking into consideration traditional approach of Administrative Law driver should be recognized as such subject. In such case, unconditional acceptance of presumption of inno- cence and principal of liability individualization should be treat as a benefit of such approach. As a fault of such approach we should mentioned the necessity in each case to identify driver, which make offence, fixed in automatic regime, which is hard and resources needed process, and sometimes such identification is impossible. At the same time, we should take into consideration that Ukraine has extremely low level of road traffic security indicators, which brings for essential human and economic losses. Taking into account above mentioned, it is recommend to accept as a subject of adminis- trative offence in the area of road traffic securing, fixed in automatic regime, person, on name of which transport vehicle is registered. The advantage of such approach is that the guilty of person, on name of which transport vehicle is registered, is recognize by the meaning of so-called inconclusive presumption. Its mean that in case the person, for the name of which transport vehicle is registered, paid admin- istrative penalty and did not appeal against, it actually recognized its guilty. In another case person, on name of which transport vehicle is registered, may object pen- alty and fulfil conditions, stipulated by legislation, for discharge from liability, or to appeal against of decision in case of particular administrative offence.
Authors and Affiliations
Oksana Kyshko-Yerli
Keywords
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