Publication date: 09.06.2024
Legal regulation of administrative liability of drivers for violation of traffic rules
Introduction
Administrative liability of drivers for violations of traffic rules is an important aspect of road safety. Legal regulation of this area is aimed at preventing violations, ensuring liability of offenders and raising the level of driver awareness. In this article, we will review the main legal provisions governing administrative liability of drivers in Ukraine and analyze their application in practice.
Main legislative acts
Code of Ukraine on Administrative Offenses (CUAO)
The main legislative act regulating administrative liability for traffic violations is the Code of Ukraine on Administrative Offenses;
offenses. The Code of Administrative Offenses defines the types of administrative offenses, liability for them, and the procedures for bringing them to justice.
The Law of Ukraine "On Road Traffic"
This law establishes general traffic rules, the rights and obligations of road users, and the powers of the authorities responsible for monitoring compliance with traffic rules.
Resolutions of the Cabinet of Ministers of Ukraine
Resolutions of the Cabinet of Ministers of Ukraine detail certain aspects of the legal regulation of traffic rules, in particular, road signs, markings, vehicle operating conditions, etc.
Types of administrative offenses
Speeding
One of the most common offenses is exceeding the speed limit. Liability for this violation involves fines and, in some cases, deprivation of the right to drive a vehicle.
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Driving while intoxicated
Driving under the influence of alcohol or drugs is a serious offense. It is punishable by significant fines, deprivation of the right to drive and, in case of repeated violations, even administrative arrest.
Violation of parking rules
Improper parking can cause significant inconvenience to other road users and pedestrians. Liability for violation of parking rules includes the imposition of fines and the evacuation of the vehicle.
Violation of the rules of intersections and pedestrian crossings
Disregard for the rules of crossing intersections and pedestrian crossings creates an increased risk of road accidents. This violation is also subject to administrative liability in the form of fines.
Procedure for bringing to justice
Detecting a violation
Traffic violations can be recorded both by police officers and by automatic photo and video recording systems. If a violation is detected, an administrative offense report is drawn up.
Case consideration
Cases of administrative offenses are considered by administrative bodies or courts. The driver has the right to a defense, including the right to appeal the protocol and provide evidence of his or her innocence.
Sentencing and execution of the sentence
After reviewing the case, a decision is made to impose an administrative penalty. The driver is obliged to pay the fine within a certain period of time and, in case of deprivation of the right to drive, to surrender the driver's license.
