ADMINISTRATIVE AND ECONOMIC FINES FOR VIOLATION OF THE LEGISLATION ON MOTOR TRANSPORT

Abstract

The article is devoted to the study of issues of administrative and economic liability for violations of the legislation on motor transport. Based on the analysis of the accident rate in road transport in Ukraine, the impact of regulatory and legal regulation and law enforcement activities of the central executive body that ensures the implementation of state policy on safety in land transport on the level of road traffic injuries was studied. It was determined that the shortcomings of the legal regulation of administrative and economic sanctions do not ensure the effectiveness of their application to road carriers. The essence of administrative and economic fines for violations of the legislation on road transport was studied, gaps in the legislation regarding the lack of a legal definition of this term were noted and its own definition was proposed. An administrative-economic fine for violation of the legislation on road transport is proposed to be considered an administrative-economic sanction of a property nature, which is applied by officials of the central executive body that ensures the implementation of the state policy on safety in land transport, in the form of a monetary amount paid by a road carrier to the relevant budget for its violation of the legislation on road transport, and is aimed at stopping the offense of a business entity and eliminating its consequences. The need to revise Section V of the Law of Ukraine “On Road Transport” regarding the liability of carriers for violation of the legislation on road transport is proven. In particular, it is proposed to distinguish between definitional norms, substantive law norms and procedural norms in various articles of this section. When determining specific types of offenses, take into account the legislation of the European Union, which contains a gradation of traffic violations by categories, depending on their severity.