Open AccessCriminal-legal meaning of driving under the influence in the acts stipulated by Article 286 of the Criminal Code of Ukraine
Author(s) -
Володимир Андрійович Мисливий
Publication year - 2020
Publication title -
vìsnik nacìonalʹnogo tehnìčnogo unìversitetu ukraïni «kiïvsʹkij polìtehnìčnij ìnstitut». polìtologìâ, socìologìâ, pravo
Language(s) - English
Resource type - Journals
eISSN - 2706-5626
pISSN - 2308-5053
DOI - 10.20535/2308-5053.2020.1(45).226499
Subject(s) - criminal code , law , criminal procedure , political science , state (computer science) , sign (mathematics) , meaning (existential) , criminal law , criminal investigation , criminology , psychology , computer science , mathematical analysis , mathematics , algorithm , psychotherapist
The article deals with issues of combatting criminal offenses related to violations of road safety and vehicle operation rules stipulated by Article 286 of the Criminal Code of Ukraine. The focus is on acts committed by persons who were in a state of alcohol, drugs or other intoxication.
Based on research and analysis of current national judicial practice the author has revealed the presence of contradictions in court judgments of different instances where provided opposite criminal legal assessment consisting of a criminal offense under Article 286 of the CC of Ukraine, the following factors as driving while impaired by alcohol, drugs and other intoxication. The essence of such an assessment, as shown by a certain part of the verdicts, is that some courts do not consider the state of intoxication of a person driving a vehicle as a sign of the objective side of this criminal offense, and therefore do not see it as one of the reasons acts as a determining factor of these criminal offenses.
The research paper contains a critical analysis of this approach in judicial practice and provides arguments for its unreasonableness, as driving under the influence as a cause of accidents in transport is considered to be universally recognized.
However to avoid contradictions in judicial practice and to reach efficiency impact of criminal legaltools in combating the above mentioned criminal offense the author has proposed that Article 286 of the CC of Ukraine should stipulate an aggravating circumstances such as the commitment of a criminal offense by a person being in a state of intoxication