ON CONTEMPORARY LEGISLATIVE INITIATIVES TO STRENGTHEN ADMINISTRATIVE LIABILITY FOR DRIVING A VEHICLE EQUIPPED WITH TIRES THAT VIOLATE LEGAL REQUIREMENTS

Abstract

The article is devoted to the analysis of contemporary legislative initiatives concerning the strengthening of administrative liability for driving a vehicle equipped with tires that do not meet established legal requirements. In particular, the analysis focuses on the provisions of the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses Regarding Strengthening Liability for Driving a Vehicle Equipped with Tires that Violate Legal Requirements” (registration No. 6462 of 24.12.2021). The shortcomings of the draft law have been identified and summarized. First, the proposed addition of a new Article 121³ to the Code of Ukraine on Administrative Offenses (CUAO) is noted as insufficiently justified, since the current legislation already contains norms that provide liability for similar offenses. Second, it is emphasized that although the differentiation of administrative liability depending on the type of vehicle and the level of social danger of the offense is reasonable, the significant increase in fines for drivers of trucks and buses proposed by the draft law is debatable. This approach does not fully take into account the existing system of technical requirements for different categories of vehicles, the socio-economic conditions of business operations in Ukraine, as well as European experience, where fines for similar offenses are considerably lower. Third, compliance with tire usage requirements is already ensured through a set of organizational and legal mechanisms, such as mandatory technical inspections, administrative liability for violations of inspection procedures, the system of compulsory civil liability insurance for vehicle owners, and others. A promising direction for the development of legislation in this area is the improvement of Article 121 of the Code of Ukraine on Administrative Offenses (CUAO) through the clarification of its disposition and the establishment of balanced, economically and socially justified sanctions, in combination with other preventive measures. Based on the conducted analysis, it is concluded that draft Law No. 6462 of 24.12.2021 requires further refinement.