Open AccessPublic administration in the sphere of judicial practice problem regulation: bringing to justice for driving while intoxicated
Author(s) -
Yuliia Tsyhylyk
Publication year - 2020
Publication title -
aspekti publìčnogo upravlìnnâ
Language(s) - English
Resource type - Journals
eISSN - 2413-8231
pISSN - 2311-6420
DOI - 10.15421/1520118
Subject(s) - legislation , legislator , law , political science , administration of justice , ukrainian , economic justice , judicial review , obsolescence , law and economics , business , sociology , philosophy , linguistics , marketing
Considering that current problems of bringing persons to legal responsibility for driving means of transportation while intoxicated are vital today, I investigated judicial practice for such cases. Also, I analyzed the legal consequences of the existing problem that occurred in connection with a legislator's failure to maintain the proper procedure for adopting changes to the current legislation in the field of road safety. The legal gaps and legal inaccuracies that exist in the current Ukrainian legislation regarding traffic rules were identified.I analyzed different approaches of the Ukrainian judicial system in the classification of offenses committed by persons who drive means of transportation or vessels under the influence of alcohol, drugs or other intoxicants that reduce attention and speed of reaction. As a result of my investigation, I identified that there is no unified judicial system in this field in Ukraine at the moment. One of the most difficult stages of legislation is the formation of an independent, competent and fair court as a standard of respect for human and civil rights and freedoms. However, judicial error does not always result from the activities of judges. Sometimes the influence of external factors, such as the ambiguity of the legislation in its wording or the obsolescence of the rule of law, is one of the influential factors that cannot be corrected or influenced by the judiciary. Based on the analysis of scientific literature, legal acts and my studies of judicial practice, I suggest improving the current system of responsibility of legal entities in the field of road safety in Ukraine by making relevant changes to the legislation.