ВІДПОВІДАЛЬНІСТЬ ЗА КЕРУВАННЯ ТРАНСПОРТНИМИ ЗАСОБАМИ У СТАНІ СП’ЯНІННЯ: СИСТЕМНИЙ ПІДХІД ДО САНКЦІЙ
Keywords:
driving under the influence, drunk driving, permission to drive while intoxicated, failure of drivers to comply with the requirements for a stop, leaving the scene of an accident, criminal liability, administrative liability, offenses, systematic approachAbstract
The article is devoted to innovations of the Ukrainian legislation of 2021: the new edition of Art. 130 of the Code of Ukraine on Administrative Offenses 1984 and the new edition of Art. 286-1 of the Criminal Code of Ukraine 2001.
The author states that the domestic legislation in recent years has shown a steady trend of increasing responsibility for drunk driving, but the legislator's main focus is on increasing administrative penalties. At the same time, similar or related offenses are ignored, and penalties for committing them often remain unchanged.
The author notes that the current new 2021 version of Art. 130 of the Code of Administrative Offenses also does not allow a judge to vary the punishment depending on the amount of alcohol in the offender's blood, which the judges believe is a shortcoming.
The conclusion is substantiated that, in general, strengthening responsibility for driving while intoxicated in 2021 was a step in the right direction. At the same time, the author draws attention to the significant legislator's mistakes in the current legislation of Ukraine in this sphere: sanctions of the related articles 122-2, 122-4, 129, 130 of the Code of Administrative Offenses of Ukraine are in disproportion both in relation to each other and in relation to sanctions of the Criminal Code of Ukraine. The author concludes that instead of systematically reforming the responsibility for drunk driving, the legislator continued the path of, figuratively speaking, "pit repair" of tort law.
The author, based on a comparative analysis of the new enhanced sanctions of Article 130 with the sanctions of the related articles 122-2, 122-4, 129 of the Code of Administrative Offenses of Ukraine and Article 286-1 of the Criminal Code of Ukraine, substantiates the need for a systematic approach to reform tort law and enforcement of said sanctions in line with the new stricter administrative penalties article 130. After all, only systemic legal protection of legal relations (road safety) can be effective.
