LEGAL PRINCIPLES AND PRESUMPTIONS OF ADMINISTRATIVE LIABILITY FOR AUTOMATICALLY RECORDED OFFENCES
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 60, Issue 2
Abstract
The article deals with the research of legal principles and presumptions, crucial for the administrative liability system of automatically recorded offences against the road traffic safety. The national law regulations, defining the procedure of the administrative penalties imposition for the automatically recorded offences, have been analysed. The publication focuses on the implementation of presumption of innocence in the proceedings on administrative offences against the rules, regulations and standards of the road traffic safety, on the basis of evidence provided by the technical means allowing photographs taking or video recording, which operating under the legislation of data protection in information and telecommunications systems. The assessment of the procedure of administrative liability of owners of motor vehicles according to the fundamental principles of law in the sense of the European Convention on Human Rights (ECHR) is provided. In particular, the regulation degree of reasonable balance of interests and the means to achieve it in this category as part of the common legal principle of proportionality.
Authors and Affiliations
Andriy Chervinchuk
Keywords
Related Articles
- EP ID EP284262
- DOI -
- Views 117
- Downloads 0
REGULATORY FRAMEWORK OF VICTIM RIGHTS TO BE REPRESENTED IN CRIMINAL PROCEEDINGS UKRAINE
The article analyzes the ability of the defense to gather their own evidence. The issues about the conditions of abuse by the investigator and the prosecutor during the combination of security and prosecution functions a...
ABOUT SOME ASPECTS OF DIDACTIC READINESS OF THE CADETS TO STUDENT- CENTERED LEARNING
The article analyzes the didactic aspect of adaptation, so, the readiness of the cadet to master various (in comparison with the school) organizational forms of study at a higher school, methods and content of profession...
THE SUBJECT OF VIOLATION OF EQUALITY OF CITIZENS DEPENDING ON THEIR RACIAL, NATIONAL ACCESSORIES, RELIGIOUS BELIEFS, DISABILITY AND OTHER SIGNS
The article deals with the problems of determining the subject of a crime, stipulated by Art. 161 of the Criminal Code of Ukraine, through the prism of the views prevailing in the theory of criminal law. All the signs o...
PROMOTION BY A PROSECUTOR OF ADDITIONAL CHARGE
The article is devoted to research of problems of promotion by a prosecutor of additional charge of court of the first instance. The relevance of the chosen subject is caused by the fact that in the conditions of refor...
PECULIARITIES OF THE SUBJECT CRIME FOR PREPERATOR «THREATS OR VIOLENCE AGAINST A JUDGE, AN ASSESSOR OR A JUROR» (Art. 377 of the Criminal Code of Ukraine)
The article, based on the analysis of the existing criminal law provisions and special scientific literature, the analysis of the essential characteristics of the subject of a crime under Art. 377 of the Criminal Code of...