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
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