
On the conflict of law in legislative provisions pertaining to the admission of citizens to operating the vehicles
Author(s) -
Зейналов Фазил Назим Оглы,
Михалева Ирина Сергеевна
Publication year - 2021
Publication title -
nb: administrativnoe pravo i praktika administrirovaniâ
Language(s) - English
Resource type - Journals
ISSN - 2306-9945
DOI - 10.7256/2306-9945.2021.2.35627
Subject(s) - legislature , normative , law enforcement , legislation , enforcement , test (biology) , political science , law , competence (human resources) , business , psychology , social psychology , paleontology , biology
The object of this research is the system of public legal relations in the sphere of ensuring road safety. The subject of this research is the legal norms that regulate the admission of citizens to operating the vehicles. The goal consists in analyzing the normative legal framework that regulate learner-driving, administration of driving tests for the right to operate a vehicle, as well as legal status of road users during the driving test. Research methodology is based on the fundamental provisions of the theory of law; generalization of practical experience; application of logical, monographic, and systemic analysis. The acquired results can be used in legislative activity of government bodies, law enforcement practice, educational process, scientific research on ensuring road safety, improvement of the branches of the Russian legal system. The novelty of this article is defined by practical and scientific significance of the problems of law enforcement agencies in the sphere of road safety, as well as the need for improving the legal framework that regulate the authority of police departments of the Russian Federation . The authors propose to discern between learner-driving and driving tests in the conditions of road traffic in the federal legislation and bylaws; establish the legal status of the exam administrator and the procedure of administering driving test; as well as specify responsibility of the indicated parties. Recommendations are made for improving the algorithm of administering driving test, and consolidation of definitions “driver candidate”, “driving test”, “exam administrator”.