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 Analysis of the State of the Road Traffic Safety in the Republic of Kazakhstan

2019 ◽  
Vol 18 (6) ◽  
pp. 482-489
Author(s):  
K. Ibrayev ◽  
A. Ibrayev ◽  
D. Kapskiy ◽  
Y. Kot ◽  
A. Rybinskiy ◽  
...  
Keyword(s):  
Traffic Safety ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Action Plan ◽  
Analytical Investigation ◽  
The State ◽  
The Road ◽  
Road Traffic Safety ◽  
Starting Point ◽  
The Republic

The article presents the results of the study of the road traffic safety on the automobile roads of the Republic of Kazakhstan. We performed the analysis of the main indicators, specifying the state of the road traffic safety on the automobile roads of the republican significance of the Republic of Kazakhstan. In many regulatory acts, such as “The Priority Action Plan for Improving the Road Traffic Safety of the Republic of Kazakhstan for 2017–2020”, developed with the support of the Asian Development Bank, and in the “National Concept of Road Traffic Safety” project as well , developed by the Interdepartmental Research Institute called “The Academy of Law Enforcement Agencies” of the General Prosecutor’s Office of the Republic of Kazakhstan, the urgent need to improve road traffic safety is clearly pointed. At the same time, it is necessary to have the information about the extent of the existing problem in the field of road traffic safety, which is ensured by the constant consideration and analysis of the statistical indicators, as well as by planning appropriate measures aimed at correcting the situation and achieving planned indicators in the framework of, for example, the national concept of road traffic safety. Currently, statistics on road traffic accidents, occurring in Kazakhstan, are published by the Committee on Statistics of the Republic of Kazakhstan and the Committee on Legal Statistics and Special Accounting. However in the current situation, this is not enough, especially since the ARC MIID of the Republic of Kazakhstan outlined the program of actions aimed at eliminating the existing shortcomings in the field of the road traffic safety and significant improving its indicators. The analytical investigation of the status of the road traffic safety on the roads of the Republic of Kazakhstan was carried out. This will become a kind of starting point in the consistent work in this direction, which will provide the interested parties, first of all the experts, with the high-quality and reliable information about the main figures, characterizing the state of safety of the road users. Based on objective accident data, it is possible to take the effective measures aimed at improving the situation on the roads of the Republic of Kazakhstan.

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 Relevant Issues of the Improvement of Administrative Jurisdiction Activities of Employees of the Registration and Examination Department of the State Road Traffic Safety Inspectorate

2021 ◽  
Vol 1 ◽  
pp. 47-50
Author(s):  
Mikhail E. Trufanov ◽  
Keyword(s):  
Traffic Safety ◽  
Road Traffic ◽  
The State ◽  
Priority Areas ◽  
Traffic Police ◽  
Road Traffic Safety ◽  
Administrative Jurisdiction ◽  
The Right

The opinion on the problematic points in the administrative jurisdictional activities of the employees of the registration and examination units of the traffic police is presented. The specifics of the proceedings on administrative offences for individual administrative offences and the priority areas of its improvement are analyzed. It is proposed in the structure of proceedings in cases of administrative offences to legislate an optional procedural stage aimed at regulation in the RF CoAP, the possibility for persons previously deprived of the right to drive a vehicle to apply to the registration and examination unit of the traffic police.

scholarly journals Communicative Provocation Coming from Aggressive Bloggers and Improvement of Professional Performance of Traffic Patrol Officers of the State Inspectorate for Road Traffic Safety

2020 ◽  
Vol 10 (4) ◽  
pp. 51-63
Author(s):  
S.E. Borisova ◽  
F.N. Zeynalov
Keyword(s):  
Traffic Safety ◽  
Road Traffic ◽  
The State ◽  
Patrol Officers ◽  
Professional Performance ◽  
Road Traffic Safety ◽  
Video Recordings ◽  
Road Users ◽  
Conflict Situations ◽  
Legal Perspective

This study clarifies the essence of communicative provocation with elements of verbal aggression manifesting in the way internet bloggers behave if conflict situations arise between them and traffic patrol officers of the State Inspectorate for Road Traffic Safety. The specifics of communicative provocation is analyzed from the psychological and legal perspective and on the basis of video recordings of direct communication between road users and traffic patrol officers. We describe the tactics of bloggers' conflict verbal behavior and also the psychological makeup of traffic patrol officers as the target of communicative provocation. Suggestions of psychological and legal significance are formulated with the view of: 1) relaxing the conflict potential of the situations under consideration; 2) strengthening the skills of traffic patrol officers of the State Inspectorate for Road Traffic Safety; 3) improvement of their professional performance.

scholarly journals Theoretical problems of legal definition of transport safety and adjacent categories

2020 ◽  
pp. 17-29
Author(s):  
Denis Vladimirovich Iroshnikov
Keyword(s):  
Transport System ◽  
Traffic Safety ◽  
Road Traffic ◽  
Federal Law ◽  
Legal Definition ◽  
Road Traffic Safety ◽  
Systemic Analysis ◽  
Transport Safety ◽  
Definition Of ◽  
Legal Concepts

 This article carries out an in-depth scientific analysis of such legal concepts as “transport safety” and “safety of the transport system”, as well as sectoral concepts by type of transport “road-traffic safety”, “navigational safety” and “aviation safety”. The indicated types of safety are viewed based on such criteria and an object of protection, source of threat, as well as cross-system ties with other types of safety. The research demonstrates the vast differences between the objects of protection and sources of threats in these concepts. The methodology of this work consists in the method of formal logics, which allowed determining logical contradictions in the conceptual-categorical apparatus of transport safety, as well as systemic method for conducting systemic analysis of these types of safeties. The author makes a conclusion that the Federal Law “On Transport Safety” underlies anti-terrorism legislation, and is aimed only at combating acts of illegal intrusion into functionality of the transport system. Therefore, the legal definition of transport safety is also severely narrowed and includes one aspect from the multifaceted transport safety.

scholarly journals Issues of qualification of crimes against life and health

2017 ◽  
Vol 1 (3) ◽  
pp. 135-142
Author(s):  
Olga Artyushina
Keyword(s):  
Criminal Code ◽  
Federal Law ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Judicial Errors ◽  
The Individual ◽  
Criminal Legislation ◽  
Difficult Cases

The subject. The key and, in the author's opinion, the most interesting questions of thequalification of intentional crimes for life and health are determined in a strategic waybased on the study of scientific literature and materials of judicial practice, as well as monitoringof contemporary reality.The purpose of the paper is to investigate the problems of redundancy and the gap in thecriminal law in this area, as well as the difficulties in applying the relevant norms, takinginto account the recommendations of the Plenum of the Supreme Court of the Russian Federation.The methodological basis of the work is dialectical-materialistic, logical, historical, systemstructural,as well as comparative-legal and concrete sociological methods.The main results and scope of it’s application. It is proposed to decriminalize the beatingsprovided for in Art. 116 of the Criminal Code of the Russian Federation, with the introductionof appropriate changes to the version of Article 116.1 of the Criminal Code of the RussianFederation. The problem of an absolute gap in the field of criminal and legal protectionof the individual from new types of causing death and involving minors in a suicidal behaviorpattern, including using the Internet, is being raised. A draft of Federal Law No. 118634-7,submitted by I.A. Yarovaya in March 2017, is overviewed and practical recommendationsfor improving the criminal legislation of Russia are formulated.Conclusions. After the analyzing the most difficult cases of competition, the conclusion isbased on the decisive significance of the expert's conclusion about the presence or absenceof affect for the qualification of these crimes. In order to avoid a superficial approach to lawenforcement and, as a consequence, judicial errors, it is proposed to oblige the courts ineach case, when establishing relevant facts, to appoint a forensic expert examination tocheck whether the perpetrator has a sudden violent emotional excitement (affect).

scholarly journals Road traffic safety in Ukraine: state and development prospects

2021 ◽  
pp. 24-28
Author(s):  
Olesia IVANENKO ◽  
Ivan PONOMARENKO
Keyword(s):  
Traffic Safety ◽  
Traffic Accidents ◽  
Road Traffic ◽  
The State ◽  
Road User ◽  
Negative Consequences ◽  
Road Accidents ◽  
Road Traffic Safety ◽  
Safe Level ◽  
Definition Of

Introduction. The issue of road traffic safety has been studied by many modern scientists. However, despite the research, this issue remains relevant to this day, both theoretically and practically. This is due to the fact that the concept of road traffic safety is not currently enshrined in law, and there is no unanimity among scientists on its content. Moreover, the relevance of the practical component is evidenced by the fact that over the past three years a number of important regulations in the field of road traffic safety and procedures for their implementation have been developed. The purpose of the paper is to determine the state of road traffic safety in Ukraine. In accordance with the goal, the main objectives of this study are to formulate a definition of “traffic”, “road traffic safety”, outlining their elements; determining the state of road traffic safety in Ukraine and further development trends, establishing the main directions of implementation of state policy in the field of road traffic safety. Results. Covering the issue of road safety, it should be noted that the current legislation of Ukraine does not provide a definition of this concept, but in 2016 there was an attempt to legislate both the legal category of “road traffic safety” and a number of closely related to it. Thus, the authors of the draft Law on Road Traffic and Safety defined traffic as “the process of traffic on roads and other places where it is not prohibited by the draft law”, and road traffic safety as “a state of the road system, due to which the appropriate level of protection of road users from road accidents and their negative consequences is determined and achieved”. It should be emphasized that road traffic safety is achieved through the application of appropriate measures of organizational, administrative, socio-economic and technical nature, which are enshrined in regulations and which are aimed at ensuring the proper and safe level road traffic safety for all its participants. It should be noted that neither the Ukrainian legislator nor the state executive bodies reduce the state of danger on the roads of Ukraine, so they are constantly developing appropriate programs and taking measures to increase the level of road traffic safety. Thus, in 2020, a state program was approved, the main goal of which is to reduce the level of accidents on the roads and the severity, first of all, of the socio-economic consequences of road accidents. Conclusion. According to the legislation of Ukraine, road traffic safety should be understood as a set of socio-economic and organizational-technical measures to ensure road traffic safety and road user, prevention of road traffic accidents and elimination or minimization of their negative consequences.

scholarly journals On the legal status of cadets and attendees of road traffic safety protection courses during the traineeship

2021 ◽  
pp. 24-33
Author(s):  
Fazil Nazim ogly Zeinalov
Keyword(s):  
Law Enforcement ◽  
Traffic Safety ◽  
Legal Status ◽  
Road Traffic ◽  
The State ◽  
Educational Process ◽  
Road Traffic Safety ◽  
Legal Provisions ◽  
Safety Protection ◽  
The Law

The research object is the system of social and legal relations in the field of road traffic safety protection. The research subject is the set of legal provisions regulating the administrative and legal status of cadets and attendees during all types of traineeship.   The purpose of the research is to analyze the normative base regulating the recruitment of students during the traineeship, and the legal status of students. The research methodology is based on the fundamental provisions of the theory of law; the generalization of practical experience; the usage of methods of logical, monographical and system analysis. The field of application of the research results: the law-making process of the government organizations, the law-enforcement activity of law-enforcement bodies; the educational process of educational institutions; the research work of road traffic safety protection specialists; the improvement of the branches of Russia’s legal system. The scientific novelty of the research is determined by the practical and scientific importance of the problems of law-enforcement activities of law-enforcement agencies in the field of road traffic safety protection, and by the necessity to improve the legal fundamentals regulating the powers of students during the traineeship. The author analyzes federal legislation, subordinate and sectoral laws to find out whether they describe the legal status of a student during the traineeship at road traffic safety units, or not. The author formulates the proposals about the improvement of the administrative and legal status of students of higher education institutions of the State Road Traffic Safety Authority in regard to specifying their rights and duties during the traineeship at the units of the State Road Traffic Safety Authority.   

Sign in / Sign up

Export Citation Format

Share Document