Open AccessAnalysis of legislative initiatives to strengthen criminal responsibility for breaching rules of road safety and transport exploitation
Author(s) -
O. Sharmar
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.64
Subject(s) - sanctions , criminal code , punishment (psychology) , legislature , law , political science , imprisonment , criminal procedure , liability , criminal law , business , criminology , psychology , social psychology
The article is devoted to the analysis of problematic issues of draft laws registered in the Verkhovna Rada of Ukraine: “On Amendments to Articles 286 and 2861 of the Criminal Code of Ukraine on Strengthening Liability for Violation of Road Safety Rules”; “On Amendments to Articles 286 and 2861 of the Criminal Code of Ukraine on Strengthening Liability for Violation of Road Safety Rules” № 6240-1 of November 8, 2021; “On Amendments to the Criminal Code of Ukraine to Strengthen Liability for Criminal Offenses against Traffic Safety and Operation of Transport”№ 6240-2 of November 17, 2021. These projects are said to increase criminal liability for violating traffic safety rules or operating vehicles by persons driving vehicles, including under the influence of alcohol, drugs or other intoxicants or under the influence of drugs that reduce attention and speed of reaction. There is disagreement with the authors of the bill to establish a more severe punishment for deprivation of human life in the village than the punishment for deprivation of human life outside the village. The inconsistency of the penalties proposed in the drafts with the current sanctions of the articles of the general norms of the Special Part (Articles 119, 128 of the Criminal Code of Ukraine) aimed at criminal protection of human health and life and sanctions of special norms (Articles 286, 2861 of the Criminal Code of Ukraine) punishment in the form of imprisonment. Emphasis is placed on the inconsistency of the draft proposals with the provisions of Art. 55 of the Criminal Code of Ukraine on the limits of punishment for deprivation of the right to drive vehicles. It is proposed to provide for legal provisions regarding the restoration of a person's right to drive a vehicle in the event of lifelong deprivation of the right to drive vehicles or deprivation of the right to drive vehicles for a period of twenty years.