FEATURES OF BRINGING DRIVERS TO ADMINISTRATIVE RESPONSIBILITY UNDER ART. 124 OF THE CODE OF UKRAINE OF ADMINISTRATIVE OFFENCES IN THE CONTEXT OF DAMAGE OF A COMPONENT OF ROAD SERVICE OBJECTS: PROBLEMS AND SOLUTIONS

Abstract

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.