scholarly journals Analysis Of The Punishment Of Penalties By Courts For Wrongful Death During Violation Of Rules Of Road Safety Or Operation Of Transport

2020 ◽  
pp. 118-128
Author(s):  
T.M. Lutskyi
Keyword(s):  
Traffic Safety ◽  
Road Safety ◽  
Criminal Code ◽  
The State ◽  
Court Decisions ◽  
State Register ◽  
The Right ◽  
Wrongful Death ◽  
Safety Rules

The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of transport by persons who drive vehicles which caused caused the death of the victim or death (Part 2 and part 3 of Article 286 of the Criminal Code of Ukraine). The ratio of the type and amount of punishment imposed by courts under this articleі of the Criminal Code of Ukraine on the basis of sentences passed by courts during 2019 is given. The appointment of the courts under the sanction of Part 2 and 3 of Article 286 of the Criminal Code of Ukraine of each of the types of penalty is analyzed. The author outlined the main aspects in the using of these types of punishments by the courts. The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal Code of Ukraine. Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than half of the analyzed sentences. All court verdicts for 2019, contained in the Unified State Register of court decisions rendered in respect of crimes under Part 2 and Part 3 of Art. 286 of the Criminal Code of Ukraine, which resulted in negligent death of another person. In addition, the author of the article suggested possible solutions to the problem, which are likely to arise as a result of the mandatory deprivation of the right to drive vehicles. According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 2 and part 3 of Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. It also covers the expediency of release by a court from serving a sentence of reprimand for negligent death of a person as a result of violation of traffic safety rules and operation of transport, as well as the imposition of a milder punishment than provided by law.

scholarly journals Criminal-legal meaning of traffic and vehicle operation safety rules

2020 ◽  
Vol 3 (3) ◽  
pp. 118-126
Author(s):  
Volodymyr Myslyvyy
Keyword(s):  
Traffic Safety ◽  
Road Safety ◽  
Road Traffic ◽  
Criminal Code ◽  
Legal Analysis ◽  
Safety Issues ◽  
Operation Rules ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Safety Rules

The author has considered criminal-legal matters related to practice of application of criminal and other branch legislation and regulations in the field of road safety. The article highlights problems of the use in investigative and judicial practice of criminal law and related rules of sectoral traffic law, as well as the requirements of traffic safety and vehicles operation rules during the assessment of criminal offenses under Art. 286 of the Criminal code of Ukraine. The author has proved the organic interrelation of blanket dispositions of criminal legal rules with the corresponding provisions of branch legislative acts and traffic safety and vehicle operation rules which are most often broken by actors of these criminal offenses. He has examined the characteristic of the specified rules in view of their criminal-legal value during the criminal-legal analysis and assessment of the socially dangerous actions which are considered. The classification of the specified rules has been offered. Based on the analysis of case law, the peculiarities of the application of certain types of road safety rules, as well as some issues of their improvement have been considered. The proposals on optimization of the branch legislation on road traffic with inclusion in it as a component of traffic rules have been supported. An improved version of Art. 286 of the Criminal Code of Ukraine in view of the normative and legal content of its blanket disposition, as well as the need to further improve its legislative and regulatory framework has been supported. The author has pointed out the need to eliminate the gaps caused by the lack of timely legal regu-lation of road safety issues that arose with the emergence and operation of new vehicles (electric scooters, jet skis, unicycles, etc.).

scholarly journals The publication of judicial decisions as a reason for convincing precedent

1970 ◽  
pp. 195-199
Author(s):  
Roman Sabodash
Keyword(s):  
Common Law ◽  
Civil Law ◽  
General Idea ◽  
Court Decisions ◽  
Supreme Courts ◽  
State Register ◽  
Pros And Cons ◽  
Legal Position ◽  
The Common ◽  
The Right

The paper shows how the publication of court decisions influenced the formation of a precedent. The author reviewed scientific works devoted to research the precedent in common and continental law. The research explains that the formation of precedent in England was accompanied by development of the judgment’s reviews and their prevalence among lawyers. Of course, publication of court decisions was not a major factor in setting a precedent, but it played a significant role in this. The paper also describes facts of the publication of court decisions in Italy, Germany, France and the Netherlands, as well as the admissibility of their citations at the court of cassation. The general idea of the paper is that convincing precedent exists and is used although the countries of continental law do not have a «classic» precedent. The paper gives a review of the importance of the state register of court decisions for setting a convincing precedent in Ukraine. The author analyzes the pros and cons of citing court decisions. It’s stated that, unfortunately, the quotations of court decisions is not always correct and sometimes amounts to rewriting the «right» legal position without comparing the circumstances of the case. The article concludes that the practice of applying a convincing precedent in Ukraine is only emerging and needs further improvement.          It has been found out that the publication of judgments of supreme courts is one of the factors that helped to establish precedent in common law countries. The publication of court rulings also created the conditions for a convincing precedent in civil law countries (especially in private law). At the same time, the formation of a “convincing precedent» in countries where court decisions are published in publicly available electronic court registers is much faster than in common law countries. Of course, the structure and the significance of the precedent in the common law and civil law countries are different, but one cannot dismiss that publication of court decisions as one of the factors for establishing the precedent.

The essence of deprivation of the right to engage in certain activities as a punishment for an offense under Art. 264 of the Criminal Code

2019 ◽  
pp. 23-29
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
The Road ◽  
Paradoxical Situation ◽  
The Supreme Court ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

В статье рассматривается сущность лишения права заниматься определенной деятельностью как обязательного дополнительного наказания за преступление, предусмотренное ст. 264 УК РФ. В большинстве приговоров по ст. 264 УК РФ дополнительное наказание сформулировано как лишение права заниматься деятельностью, связанной с управлением транспортным средством. Однако использование в приговорах единой формулировки не снимает вопросов, связанных с толкованием объема назначенных судом ограничений. Автором выделены два подхода к определению содержания понятия «транспортные средства»: широкий, включающий все виды транспортных средств, и узкий, включающий только механические транспортные средства. Анализ судебных решений позволяет сделать вывод об отсутствии единообразного подхода к определению содержания наказания в виде лишения права заниматься деятельностью, связанной с управлением транспортными средствами. Показано, что в практике применения наказания за преступления, предусмотренные ст. 264 УК РФ, сложилась парадоксальная ситуация: лицо, нарушившее правила дорожного движения, лишается права управления всеми видами транспортных средств. По мнению автора, такая ситуация нарушает принцип справедливости: характер наказания не соответствует характеру совершенного преступления. В целях единообразного применения уголовного закона Пленуму Верховного суда РФ следует разъяснить, что суды должны конкретизировать вид транспортных средств, права управления которыми лишается осужденный, исходя из характера совершенного преступления. The article deals with the essence of deprivation of the right to engage in certain activities as a mandatory additional punishment for a crime under Art. 264 of the Criminal Code. In most of the sentences under Art. 264 of the criminal code additional punishment is formulated as deprivation of the right to engage in activities related to driving. However, the use of a single wording in sentences does not remove questions of interpretation of the scope of the court's limitations. The author identifies two approaches to the definition of the concept of “vehicles”: wide, including all types of vehicles, and narrow, including only mechanical vehicles. Analysis of court decisions leads to the conclusion that there is no uniform approach to determining the content of the penalty in the form of deprivation of the right to engage in activities related to the management of vehicles. The article shows that in the practice of punishment for the crimes provided for in the Art. 264 the criminal code, there is a paradoxical situation: a person who violates the rules of the road, is deprived of the right to control all types of vehicles. According to the author, this situation violates the principle of justice: the nature of the punishment does not correspond to the nature of the crime committed. For the purpose of uniform application of the criminal law to the Plenum of the Supreme Court of the Russian Federation it is necessary to explain that courts have to specify a type of vehicles which right of management is deprived condemned, proceeding from character of the committed crime.

scholarly journals The Video Camera Surveillance (Temporary Measures) Act 2011: An Unprecedented Licence to Search

2013 ◽  
Vol 44 (1) ◽  
pp. 221
Author(s):  
Harriet Bush
Keyword(s):  
New Zealand ◽  
Video Surveillance ◽  
Video Camera ◽  
The State ◽  
Search And Seizure ◽  
Court Decisions ◽  
Bill Of Rights ◽  
Ratio Decidendi ◽  
The Right ◽  
Camera Surveillance

This article examines the Video Camera Surveillance (Temporary Measures) Act 2011 which was passed as a result of the Supreme Court's decision in the case Hamed v R. This Act provided that a search was not unlawful simply because video surveillance was used. The article explores the previous court decisions on the lawfulness of police use of covert video surveillance in order to ascertain whether the premise upon which the Act was based, that video surveillance was lawful before Hamed v R, was correct. It then looks at the ratio decidendi of Hamed v R and the potential wider implications of this judgment. Finally, it assesses the state of the law under the Video Camera Surveillance (Temporary Measures) Act and whether this Act limited the right to be free from unreasonable search and seizure which is contained in s 21 of the New Zealand Bill of Rights Act 1990.

scholarly journals VICTIMOLOGICAL RISKS FOR ROAD USERS AS AN ELEMENT OF PUBLIC HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 2922-2927
Author(s):  
Vladyslava S. Batyrgareieva ◽  
Alina V. Kalinina ◽  
Kateryna O. Poltava
Keyword(s):  
Public Health ◽  
Traffic Safety ◽  
Road Safety ◽  
Drunk Driving ◽  
Criminal Code ◽  
Public Health Approach ◽  
Road Accidents ◽  
Criminal Proceedings ◽  
Road Users ◽  
Criminal Offenses

The aim: This article aims to analyze the statistics of road accidents victims in Ukraine in general and the level of criminal offenses’ against traffic safety and transport operation victims, in particular, to consider the main victimological risks for road users and provide them with a public health approach. Materials and methods: The theoretical basis of the article is specialized literature on law, economics, and sociology. The empirical basis of the research was the materials of generalization of more than 1,000 criminal proceedings under Art. 286 of the Criminal Code of Ukraine, the results of a survey of Ukrainian citizens on the state of road safety in Ukraine. Results: According to the results of an empirical study, in terms of role, pedestrians clearly predominate among the victims (59.6%), while every fourth victim is a passenger of a vehicle. Driver victims are only 14.6% of the total number. Victimological risk on the roads is the probability of becoming a victim and suffering damage to one’s life and health from criminal offenses against traffic safety and operation of transport. For each of the categories of victims there are both general and specific victimological risks. The causes of accidents can be grouped by the source of danger in the triangle “person – mechanism – road”. Conclusions: The most dangerous and widespread victimological risks for road users in Ukraine are speeding and maneuvering, drunk driving, parking violations, poor road infrastructure, physiological and psychological characteristics of road users, low professional skills of drivers, etc.

The state of road safety as a competitive advantage of the carrier on the market for scheduled passenger transportation

2021 ◽  
pp. 64-73
Author(s):  
K. S. Bakanov ◽  
A. S. Ermaganbetov
Keyword(s):  
Competitive Advantage ◽  
Road Safety ◽  
The State ◽  
Market Size ◽  
Service Facility ◽  
Passenger Traffic ◽  
Passenger Transportation ◽  
Right To Work ◽  
The Right

In this article general approaches to organizing regular passenger traffic are considered buses, taking into account the observance of the principle of road safety as competitive advantage in the market of regular passenger transportation, including during competitive procedures under state and municipal purchases, as well as in the competition for representation the right to work on the route of regular transportation. Legal mechanisms are proposed that ensure the connection between the state of road safety during transportation at the carrier’s service facility, with further economic prospects in the form of profit and market size, and the amount of subsidies received.

Transport traffic safety: criminal legal aspect

2020 ◽  
pp. 77-87
Author(s):  
Igor’ Goncharov
Keyword(s):  
Traffic Safety ◽  
Road Traffic ◽  
Legal Aspect ◽  
Criminal Code ◽  
The State ◽  
Federal Law ◽  
Road Traffic Safety ◽  
Judicial Practice ◽  
Social Basis ◽  
The Individual

This study reveals the importance of protecting transport traffic safety. It emphasizes the interest of civil society and the state in ensuring the transport traffic safety. We establish that the need for regulation of transport traffic safety by the state has a social basis, expressed in the prevention of harm or the threat of harm to relations in which the individual, society and the state are interested. In addition, we point out that these relations are social, because they really exist regardless of whether they are recognized or not as an object of protection by criminal law, or directly ensure the interest of the individual, society and the state. It is noted that road traffic safety, and at the same time, transport traffic safety, are one of the main social and economic tasks of the state. Based on the reference material of the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” and doctrinal points of view, we formulate the definition “transport traffic safety”. The interpretation of this concept is given from the standpoint of the norms of chapter 27 of the Criminal Code and judicial practice.

scholarly journals Road safety improvement in road traffic participant – vehicle – road – external environment system

2020 ◽  
Vol 17 (4) ◽  
pp. 488-499
Author(s):  
E. V. Kurakina ◽  
V. A. Sklyarova
Keyword(s):  
Traffic Safety ◽  
Analytical Methods ◽  
Road Safety ◽  
Information Technologies ◽  
Traffic Accidents ◽  
Road Traffic ◽  
External Environment ◽  
Integrated Approach ◽  
The State ◽  
Road Traffic Safety

Introduction. Improving road safety is a state-level task reflected in many regulatory documents of the Russian Federation, such as a federal law, federal target program, national project, etc. The systematic approach considered in the article is aimed at developing an effective approach and targeted actions in the field of ensuring road safety in road transport. The use of an integrated approach instead of disparate single actions will allow achieving the tasks set for the state to reduce the accident rate on the country’s roads.Materials and methods. Analytical methods based on analysis of links, flows, temporary analysis of events, methods of road traffic safety assessment based on detection of safety and accident factors, detection of accident concentration places, methods of probability theory and processing of research results, software-computing methods of information technologies.Results. A system of road infrastructure indicators has been developed in a complex application with the analytical methods and methods of the accident forecasting system, an information technology tool and systems – an electronic receiving organization for road safety to develop a system organization and manage the level of road safety in the road participant – vehicle – road – external environment system.Discussion and conclusions. The expediency of taking into account the mechanisms for achieving the results of the program-targeted approach and the direction of their implementation, the proven scientific results of studies of the concentration of road traffic accidents to improve the work of the state mechanism for ensuring road safety is substantiated.

scholarly journals Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽  
2020 ◽  
pp. 62-70
Author(s):  
A. V. Savinskiy
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
The State ◽  
Theory And Practice ◽  
Actual Problem ◽  
Theory Of Law ◽  
The Individual ◽  
The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

scholarly journals PECULIARITIES OF THE USE OF NORMS OF CASE LAW IN THE SYSTEM OF DOMESTIC JUSTICE

2020 ◽  
pp. 71-75
Author(s):  
Ye. A. Zherobkina
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Armed Forces ◽  
Case Law ◽  
The State ◽  
Judicial Reform ◽  
Court Decisions ◽  
Basic Law ◽  
The Law ◽  
The Right

Taking into account the basic principles of a democratic, rule of law, social state, the key of which is the principle of separation of powers in the state, Ukraine is building a state apparatus. Declaring such a principle in the Constitution of Ukraine and building on it the basis of the functioning of all branches of government have become a prerequisite for the acquisition of judicial branch of power signs of independence and independence. LA Lutz argues that the functioning of the judiciary as an independent is accompanied by its development and the introduction of rulemaking functions. This fact is related to the involvement of the judiciary in the settlement and resolution of national cases. As a result, throughout the years of Ukraine's independence, the courts have recognized the right not only to the application and interpretation of legal rules, but also to their creation. As of today, the law does not formally enshrine the functions of rulemaking, but in legal science there are discussions about the possibility of the existence of case law in the state. The analysis of court decisions suggests that the precedent is not only those of the courts of Ukraine that have a rule of law, but also those that contain appropriate explanations of the content of the rule, or of judgments that contain criteria for the similarity of the application of the rules. The provisions of the basic law − the Law of Ukraine “On Judiciaryand Status of Judges” of 02.06.2016, № 1402-VIII have been analyzed due to the possibility of recognizing judicial precedent as anofficial source of law in accordance with the requirements of the current domestic legislation. In this article, we conducted a detailedanalysis of the peculiarities of the use of case law in the system of domestic justice. Particular attention was paid to updating the system of enforcement of court decisions, including the decisions of the ArmedForces. It is stated that the institute of enforcement of judgments is based on the functioning of the Laws of Ukraine “On EnforcementProceedings” and “On Bodies and Persons who Enforce Enforcement of Judgments and Decisions of Other Bodies”. A separate novelty of judicial reform − the creation of new higher specialized courts as courts of first instance for the considerationof certain categories of cases: the High Court for Intellectual Property and the Supreme Anti-Corruption Court, whose review will bevested in the Armed Forces, has been investigated.

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