scholarly journals On the legal problems of operation of highly automated vehicles in road traffic

Author(s):  
Aleksei Viktorovich Amelichkin

The subject of this research is the system of legal relations in area of ensuring road safety in terms of operation of highly automated vehicles on public roads. The object of this research is social relations arising in the context of operation of highly automated vehicles traffic on public roads. The goal of this article consists in examination of the normative legal framework that regulates the peculiarities of operation of highly automated vehicles, as well as in development of recommendations for improving the normative legal framework. The author explores the issues of normative legal regulation of operation of highly automated vehicles on public roads. Special attention is given to the current issues of legal nature. The novelty is defined by the need to improve legal mechanism for the operation of highly automated vehicles on public roads. The author identifies the problems and offers solution on enhancing road safety in terms of operation of highly automated vehicles on public roads for protecting the road users. The conclusion is made on the need to revise the normative legal acts in the area of ensuring road safety for the purpose of achieving a positive result from implementation of highly automated vehicles into road traffic. The acquired results can be used in the legislative activity of government authorities, law enforcement practice, educational process of the educational institutions, scientific research of the experts on ensuring road safety, improvement of the branches of the Russian legal system.

Author(s):  
Aleksei Viktorovich Amelichkin

The subject of this research is the system of social relations in the sphere of road safety associated with technical operation of motor vehicles. The object of this research is social relations that arise in the context of mandatory vehicle inspection. The goal lies in examination of the current normative legal framework that regulates road safety, as well as in analysis of the proposals of state authorities on cancellation of mandatory technical inspection. The author explores the issues of normative legal regulation of vehicle technical inspection at the present stage. Special attention is given to negative impact of the cancellation of mandatory technical inspection of vehicles owned by citizens and used for personal purposes upon the road safety system. The novelty lies in the need for the improvement of social relations in the area of road safety. The author discloses the content of the current legislation pertaining to vehicle technical inspection; analyzes the relevant draft laws in the area of road safety; as well as formulate recommendations for the improvement of oversight legal relations by raising the responsibility of operators of technical inspection for its quality. The acquired results can be implemented in legislative activity of government agencies, law enforcement activity, educational process of educational institutions, scientific research on the problems of road safety, improvement of the branches of the Russian legal system.


Author(s):  
Aleksei Viktorovich Amelichkin ◽  
Maksim Mikhailovich Isaev

The subject of this research is the system of legal relations in the area of ensuring road traffic safety. The object of this research is the social relations emerging in the process of recording administrative legal relations via special software for mobile devices for improving efficiency of road traffic safety. The goal of this article consists in examination of the normative legal framework that regulates the usage of special software for mobile devices in law enforcement. The authors examine the issues of normative legal regulation of the process of recording administrative offences with regards to road traffic safety using special software for mobile devices. Special attention is given to the usage of special software for mobile devices when determining the elements of an administrative offence. The novelty this research is defined by the need to improve legal mechanism for recording administrative offences in the area of road traffic safety using special software for mobile devices, prevention of infringement of rights and legitimate interests of road users in the area of ensuring road traffic safety. The authors describe the problems and propose solutions aimed at improvement of legal mechanism for recording administrative offences in the area of road traffic safety via special software for mobile devices. The main conclusion consists in the need for revising normative legal acts in the area of ensuring road traffic safety for the purpose of improvement of the effectiveness of special software.


2017 ◽  
Vol 21 (5) ◽  
pp. 7-23 ◽  
Author(s):  
Tadeusz Dyr ◽  
Karolina Ziółkowska ◽  
Agata Jaździk-Osmólska ◽  
Małgorzata Kozłowska

Road accidents are generating economic and public high costs. They include: losses resulting from the long-lasting or temporary impossibility of creating GDP, expenses on the treatment and rehabilitation of people injured in the accidents, costs of emergency services involvment, payment of compensations and benefits, financial losses or emotional suffering of the accidents' victims and perpetrators' relatives, leading to reduce their economic activity. Statistical data presented in the point out to the high risk of road accidents. Also causes of unsatisfactory level of the road safety improvement in Poland were presented.


2021 ◽  
Vol 18 (1) ◽  
pp. 96-104
Author(s):  
E. A. Safronov ◽  
K. E. Safronov

Introduction. One of the important problems in the Russian Federation is road safety improvement (RS). This is due to the enormous damage that accidents inflict on the national economy. The Russian Federation lags behind the leading countries of the European Union in the field of road safety in terms of key indicators by 3.5 times. To close the gap, in January 2018, we adopted the 'Strategy for road safety in the Russian Federation for 2018 - 2024’ (Strategy). The goal of the Strategy is to strive for zero mortality in road traffic accidents (RTA) by 2030, and in 2024 to reduce the social risk to 4 deaths per 100 thousand inhabitants.Materials and methods. The developments are based on a new theory developed at SibADI - this is the cyclical dynamics of road accidents on a national scale, subordinate to the level of the economy. During crisis, there is a decrease in the number of accidents; this is influenced by a number of factors, the main one is a decrease in the total mileage of vehicles. During such periods, the effectiveness of measures to reduce road accidents is often confused with the real cause, which leads to a decrease in funding and the curtailment of work to improve road safety, which should not be done. When the economy recovers, the level of road accidents recovers and even begins to grow due to the loss of qualifications of drivers who are idle during the crisis.Results. There are two different approaches to achieving this goal. At the federal level, there is a programmatic approach, while in the regions the project method is used within the framework of the 'Safe and High-Quality Highways’ national project (BKAD). A similar project was adopted in the Omsk region. A feature of the road safety project implementation in the Omsk region is the involvement of science. Research is carried out at the Organization and Traffic Safety Department and is introduced into the educational process and implemented at the Federal Training Center for advanced training of workers involved in the training of drivers, created in SibADI.Discussion and conclusion. The scientific approach guarantees the identification and quality solution of the main problems of the road safety project. This applies to recommendations for stabilizing project financing, justifying the development of public transport, using new technologies, improving the regulatory and legislative framework in all areas of urban planning and infrastructure.


2012 ◽  
Vol 8 ◽  
pp. 198-216
Author(s):  
Zbigniew Ożdżyński

The article presents the results of studies related to children and adolescents’ awareness of the road dangers and their conscious and safe participation in the road traffic. Additionally it indicates stages of education, which should undergo changes resulting in the safety improvement on the Polish roads. The conclusions of the study are compared with the intentions of the National Road Safety Programme Gambit 2005 in the field of education referring to the road safety and the conclusions of the analysis of safety on Polish roads. The article discusses the erroneous actions of adults towards children entailing failures in traffic laws observance by children and adolescents.


2021 ◽  
Vol 2 (16) ◽  
pp. 294-309
Author(s):  
Alina Vladyslavivna Kalinina

The level of road safety in Ukraine cannot be estimated as high. According to the reports of the Patrol Police, in Ukraine in recent years, on average, 3.5 thousand people die from road accidents every year. An increase in the level of road transport safety determines the development of a theoretical basis for legislation to ensure the prevention of offenses, primarily criminal ones. The criminological legislation in the field of road safety can be such a theoretical basis. The legislation, the norms of which are aimed at ensuring road safety, is significantly branchy and widely held in norms of laws of different legal force, forming, on the one hand, a large layer of legal norms, and on the other, laying the foundations for the prevention of offenses in this area. Criminological legislation in the field of road safety is a separate structural element of the criminological legislation of Ukraine. The subject of legal regulation in this case is public relations in the field of regulation of the prophylaxis and prevention of offenses (both administrative and criminal) in the provision of road traffic. According to their functional purpose, the norms of the criminological legislation of Ukraine in the field of road safety can be divided into conceptual, programmatic, regulatory and preventive ones. Conceptual norms include the norms through which the system of views and constructive ideas of the state about the road safety improving is revealed. The program norms of criminological legislation in the field of road safety include the provisions of documents aimed at the implementation of conceptual norms. Regulatory norms are the norms of legislation aimed at observing the rules, norms and standards for the operation of transport, ensuring the rules for organizing road safety and other prescriptions that determine the rules for road users. Preventive provisions include the norms of administrative and criminal legislation that determine responsibility for violations in the field of road safety and transport operation, thereby performing prophylactic and preventive functions.


Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Irina Sergeevna Mikhaleva

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”.


2021 ◽  
pp. 21-24
Author(s):  
А.В. Капустин ◽  
Ю.А. Березовский

В статье затронуты вопросы, касающиеся правового регулирования участия в дорожном движении высокоавтоматизированных транспортных средств с использованием искусственного интеллекта. he article deals with issues in the field of road safety in terms of legal regulation of participation in road traffic of highly automated vehicles using artificial intelligence.


Author(s):  
ELIZAVETA SALINA ◽  

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.


2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.


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