Open AccessDisqualification from driving: enforcement in Russia
Author(s) -
В. В. Головко,
Igor V. Slyshalov,
Александр Сахно
Publication year - 2021
Publication title -
pravoprimenenie
Language(s) - English
Resource type - Journals
eISSN - 2658-4050
pISSN - 2542-1514
DOI - 10.52468/2542-1514.2021.5(3).205-214
Subject(s) - legislation , enforcement , sanctions , legislature , law enforcement , russian federation , paragraph , business , law , political science , state (computer science) , public administration , computer science , algorithm , economic policy
The subject . The article considers the legal basis for the execution of decisions on administrative penalties in the form of disqualification from driving, as well as the prospects for the development of new legislation in the field of road traffic. The article examines the social relations that develop in the process of implementing the jurisdictional powers of the Russian State Traffic Inspectorate in ensuring road safety, preventing and suppressing offenses related to encroachment on motor vehicles, transported goods, the life and health of drivers and pedestrians. The purpose of the article is to confirm or disprove hypothesis that there are defects in Russian legislative regulation that prevent the effective execution of decisions on the disqualification from driving. They are not eliminated in the draft of the new Russian Code of Administrative Offences. The methodology of research is the provisions of the general theory of law, the modern science of administrative law and the theory of public administration. The authors used a systematic approach and formal legal analysis. The legislation of the Russian Federation and the practice of its enforcement were studied also. The main results . In accordance with paragraph 5 of Article 2 of the Russian Federal Law "On the Police", the execution of administrative penalties is one of the main activities of the police. The effectiveness of the entire proceedings in cases of administrative offenses largely depends on the execution of the adopted resolutions. The leading role in the execution of decisions on administrative penalties, in particular, related to the disqualification from driving, belongs to the internal affairs bodies. It is important to note that the execution of administrative penalties in practice is associated with certain difficulties. Conclusions . The execution of decisions on the imposition of disqualification from driving as an administrative penalty causes difficulties due to defects in legislative regulation, which are not fully resolved in the draft of the new Russian Code of Administrative Offences.