PROBLEMS OF LEGAL CERTAINTY IN CONSIDERATION BY THE COURTS OF CASES ON ADMINISTRATIVE OFFENSES RELATED TO THE DRIVING OF VEHICLES AND MATERIALS

Abstract

A judge is obliged to consider and decide court cases fairly, impartially and in a timely manner in accordance with the law, in compliance with the principles and rules o f procedure. But does the current legislation, in particular those legal acts and norms (in their entirety) that regulate administrative and legal relations, create a clear idea o f its unambiguous interpretation and consistent law enforcement? The article focuses on certain problems o f legal certainty and uniform interpretation o f the basic concepts ("driving a vehicle", "driver" or "person driving a vehicle", "indicator o f intoxication"), the correct understanding o f which is offundamental importance for effective and lawful consideration by courts o f cases o f administrative offenses related to driving under the influence o f alcohol. It is stated that the gaps in the Ukrainian legislation do not completely correlate with the principle o f legal certainty, which significantly complicates the objectivity o f the legal qualification o f the actions o f a person driving a vehicle in a state (or with signs) o f alcohol intoxication. It is concluded that the judge’s decision to apply an administrative sanction under the relevant part o f Article 130 o f the Code o f Administrative Offenses o f Ukraine in case o f proof o f driving any person who has reached the age o f administrative liability for a vehicle under the influence o f alcohol is quite justified and lawful, i f this condition was established by a police officer in accordance with the statutory test procedure using special technical means (gas analyzers) approved for use in Ukraine, i f the digital concentration o f alcohol in the air exhaled by such a person (using a transfer factor) is greater than 0.242 ppm blood alcohol. Of course, examples o f the imperfection o f legal regulation o f individual administrative legal relations are many, but it is difficult to analyze them within one scientific article. Even those aspects that, in our opinion, it was found out in this study, do not exhaust all controversial issues arising during the registration o f materials and consideration o f the case on administrative offenses provided by Article 130 o f the Code o f Administrative Offenses o f Ukraine.