PROPER ROAD COVERING - ELEMENT OF ORGANIC COMPONENTS: LEGAL ASPECTS OF REGULATION

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PROPER ROAD COVERING - ELEMENT OF ORGANIC COMPONENTS: LEGAL ASPECTS OF REGULATION

Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4

Abstract

The article examines the theoretical and practical issues of legal regulation and the actual state of the road surface in Ukraine, analyzes the judicial practice to ensure adequate road surface. The transportation process is one of the main elements of organic farming. The analysis of legal acts in the field of road traffic, court decisions, lawyers’ positions gives grounds in a systemic manner to state the need for refining standards for the overhaul of road pavement; corrections of the term “overhaul” in which to provide for the immediate repair of an already laid roadway. To protect the rights of the vehicle’s owner in the form of material and moral compensation, it is possible to define a card-sequence of actions: stopping the vehicle, ensuring traffic safety by establishing signs of an emergency stop and calling the patrol police; fixing the road situation, damaged road and car damage using photo and video tools; stopping of witnesses of a traffic accident with recording data and communication facilities; after the arrival of the police - drawing up an inspection report of the road network in the place of an accident in which all damage to the roadway should be recorded, causing a traffic accident and damage to the vehicle (when drawing up the act, it is necessary to make a most detailed description of the damaged roadway, including width, depth, height, diameter, because according to the requirements of national standards of Ukraine – the inadmissibility of its location on the road depends on the size of the pothole, however, you need to remember that national standards of Ukraine provides for and damage within normal limits); upon the arrival of the police, it is necessary to note the desire to write a statement about the administrative offense provided for in part 4 of article 140 of the Code of Ukraine on administrative offense, since part 4 of article 140 of the Administrative Code provides for the administrative responsibility of liable officials for violation the rules, norms and standards in maintaining roads prohibit or restrict traffic or mark workplaces on roads and streets causing the creation of an emergency situation and more damage to vehicles, cargo, roads, streets, level crossings, road structures or other property; the application must include copies of the Acts of the Police; in the future, on the spot of the accident, it is necessary to report the insurance case to the hotline of the insurance company in which the vehicle was insured; to carry out an assessment of the cost of repairing a car (engaging an expert) to require the drawing up of an accident scheme, if there is a refusal by the police, this should be indicated in the explanatory note. It is more expedient to call the representatives of the road service responsible for the condition of the road to the place of the accident - within p. 11 of the Uniform Rules for Repair and Maintenance of Highways; in the police to get a certificate of damage to the car, a copy of the accident scheme and other materials; go to court with a claim for compensation of material and moral damage; take into account that hitting a loose hatch, a pothole, which caused damage to the car as well as a traffic accident.

Authors and Affiliations

Daria Piddubna

Keywords

proper paving; component of organic farming; legal regulatory issues; patrol police; property and personal non-property rights of business entities; natural objects; natural resources

EP ID EP454047
DOI 10.32366/2523-4269-2018-65-4-137-144
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