Open AccessPROBLEMS OF ATTRACTING TO ADMINISTRATIVE RESPONSIBILITY PERSONS WHO DRIVE ANIMAL-DRAWN VEHICLES FOR OFFENSES IN THE FIELD OF ROAD SAFETY
Author(s) -
Yevheniia Pylypenko
Publication year - 2021
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2021-74-1-89-94
Subject(s) - legislation , liability , business , normative , ministry of transport , order (exchange) , political science , road transport , christian ministry , law , transport engineering , engineering , finance
The article is devoted to the study of problematic issues of bringing to administrative responsibility of persons driving animal-drawn transport for road safety offenses. The legal status of persons driving animal-drawn transport, normative legal acts enshrining the rights and obligations of these persons (the Law of Ukraine «On Road Traffic», the Rules of the Road, approved by the Cabinet of Ministers of Ukraine from 10.10.2001 № 1306, and also Order of the Ministry of Social Policy of Ukraine «On approval of the Rules of labor protection in agricultural production» from 29.08.2018 № 1240). Based on the analysis of domestic legislation establishing administrative liability for violation of traffic rules by persons driving animal-drawn transport, proposals for current amendments to the legislation of Ukraine in the field of road safety to eliminate certain gaps in the prosecution of persons, who drive animal-drawn transport. Today in the Rules of the Road there is no definition of «animal-drawn transport», which creates problematic issues in the understanding of the definition, as well as the definition of «road user» does not cover the concept of a person who driving animal-drawn transport. It also creates certain problems in bringing individuals to administrative responsibility. Therefore, in a scientific article, it is proposed to supplement the current legislation of Ukraine in the field of road safety with a new definition of «animal-drawn transport», and place it in section 1 «General Provisions» of the Rules of the Road, as well as to include persons driving animal-drawn transport in the category of road users, make changes to the definition of «road user» in order to overcome certain problematic issues of bringing to administrative responsibility for violation of traffic rules that caused damage to vehicles, cargo, roads, streets, railway crossings, road structures or other property. In case of making the proposed changes to the Rules of the Road of persons driving animal-drawn transport, it will be possible to bring such persons to administrative responsibility under Art. 124 of the Code of Ukraine on Administrative Offenses. Today, law enforcement agencies of Ukraine, which carry out their activities in the field of road safety, do not have such an opportunity.