THE OBJECT OF THE ADMINISTRATIVE OFFENSE IN THE QUALIFICATION AND SYSTEMATISATION OF DOMESTIC ADMINISTRATIVE-TORT LEGISLATION ON ROAD TRANSPORT

  • Alona Nefedova Kyiv National University of Trade and Economics
  • Tatiana Shyrmova Kyiv National University of Trade and Economics
Keywords: object of administrative misconduct, qualification of administrative misconduct, road transport, administrative liability, administrative misconduct

Abstract

The article deals with the subject of administrative misconduct in road transport and its role in the rulemaking and enforcement activities. The basic doctrinal approaches to understanding the object of administrative misconduct in road transport are summarized. It is concluded that there is no single vision of their nature and content in domestic administrative law. The necessity to harmonize scientific positions and develop a unified concept of the object of administrative misconduct (including administrative misconduct in road transport) at all levels of its generalization and objectification is substantiated.

On the basis of the analysis of modern scientific researches and the current administrativetort legislation the classification of objects of administrative offenses in the road transport is made. The author’s definitions of the concepts of general, generic, species and direct object of administrative offenses in road transport are formulated. Their actual content is specified. The essence of the main and additional object of administrative misconduct is revealed. The polysubjectiveness of the majority of administrative offenses in the road transport is ascertained.

The role of the object of administrative misconduct in the structuring and systematization of domestic administrative-tort legislation is investigated. It is determined that the generic object of administrative misconduct is the main criterion for the division of the Special part of the Code of Administrative Offenses into separate Chapters. Topical issues of legal regulation of administrative-tort relations in road transport are highlighted. A set of legislative proposals aimed at harmonizing the structure of the Code of Administrative Offenses, in particular, regarding the regulation of liability for administrative offenses in road transport, has been elaborated.

Author Biographies

Alona Nefedova, Kyiv National University of Trade and Economics

Postgraduate Student at the Department of Administrative, Financial and Information Law

Tatiana Shyrmova, Kyiv National University of Trade and Economics

at the Modern European Languages Department

References

Gurzhii T.O. (2003) Logical and philosophical categories and classification of objects of administrative tort / Law of Ukraine. № 1. Pp. 13–17.

Bortnik N., Eshimov S. (2016) Contents of administrative responsibility for committing offenses in the field of traffic safety. Bulletin of the National University “Lviv Polytechnic”. Law. 855, pp. 38–47.

Golubeva G.K. (2008) Administrative and legal qualification of violations by drivers of the rules of operation of vehicles : dis. ... Cand. lawyer. Sciences : 12.00.07 / Golubieva Galina Kyrylivna. Kyiv, рp. 233.

Gurzhii A.V. (2012) The essence and importance of administrative and legal qualifications. Law and Society. No. 1. Pp. 197–200.

Storozhenko O.M. (2008) Administrative and legal qualification of abuse of monopoly (dominant) position in the market: Dis ... k. date: 12.00.07. Kyiv : VMURL “Ukraine”, рp. 183.

Gurzhii T.O. (2009) Actual problems of legislative regulation of administrative-tort relations in the field of road safety. Law of Ukraine. № 3. Pp. 90–95.

Gurzhi A.V. (2015) The object of an offense as a criterion for structuring administrativetort legislation. Law. № 4. Pp. 14–19.

Gurzhii T.O. (2010) Administrative and legal problems of road safety in Ukraine. Monograph: Kharkiv : Timchenko, Pp. 480.

Salmanova O.Yu. (2002) Administrative and legal means of ensuring traffic safety by the police: dis. lawyer. Sciences: 12.00.07 / Salmanova Elena Yurievna. Kharkiv, рp. 232.

Yarova R.V. (2016) Administrative responsibility of special subjects – drivers of vehicles : dis ... Cand. lawyer. Sciences : 12.00.07 / Yarova Ruslana Vasylivna. Kyiv, рp. 235.

Tsyba E.V. (2016) Administrative responsibility for violation of the rules of carriage of passengers and goods by road in Ukraine : dis ... Cand. lawyer. Sciences : 12.00.07 / Tsiba Evgeniy Vladimirovich. Donetsk, 2011. Pp. 228.

Sobakar A.A. (2015) Administrative liability for traffic safety offenses: a monograph / Yu.S. Koller, AO Sobakar. Kyiv : MP Lesya, Pp. 204.

Donenko V.V. (2003) Management of intoxicated transport: administrative and tort problems : [monograph] / V.V. Donenko, V.K. Kolpakov. Dnepropetrovsk : Law Academy, рp. 196.

Gorkava V. (2017) Administrative responsibility in the field of traffic: theoretical and legal aspects. Bulletin of the National university “Lviv Polytechnic”. Law. No. 865. Pp. 190–197

Koller Y.S. (2011) The object of an administrative offense in the field of road safety // Law and Society. No 2. Pp. 134–138.

Gurzhii A.V. (2013) Administrative responsibility for violation of the rules of road transportation of dangerous goods and passage of large and heavy vehicles : dis. ... Cand. lawyer. Sciences : 12.00.07 / Gurzhiy Anna Valerievna. Kyiv, рp. 210

Kolpakov V.K., Chernovsky O.K., Gordev V.V. (2010) Traffic Violations : Novel Conflicts and Legal Regulation : A Monograph. Chernivtsi : Chernivtsi Nat. Univ., рp. 328.

Milovidova S.V. (2016) Prevention and Countering Administrative Offenses in Ukraine : Dis. ... Cand. lawyer. Sciences : 12.00.07 / Milovidova Svetlana Valerievna; State Higher Educational Institution “Kyiv Vadim Hetman National Economic University”. Kyiv, рp. 231.

Vasilyov S.S. (2016) Administrative and legal principles of the jurisdiction of consideration of cases of administrative offenses : diss. ... Cand. lawyer. Sciences : 12.00.07 / Vasilyov Solomiya Stepanovna; Lviv Polytechnic National University. Lviv, 2016, рp. 245.

Kolpakov V.K., Gordeev V.V. (2016) The theory of administrative misconduct. Monograph. Kharkiv : Kharkov legal. Pp. 344.

Drozdov O.V., Sobakar A.A. (2015) Administrative and Jurisdictional Activity of the State Automobile Inspectorate of the Ministry of Internal Affairs of Ukraine: monograph / Drozdov, V., Sobakar, A.O. Kyiv : “MP Lesya”, рp. 194 .

Gurzhii T.O. (2011) Administrative Law of Ukraine: [textbook] / Kyiv: CST, рp. 680.

Gurzhii T.O. (2004) Prospects for the development of national administrative-tort legislation. Administrative Law and Process. 2004. № 3. Pp. 156–158.
Published
2020-09-17
How to Cite
NefedovaA., & ShyrmovaT. (2020). THE OBJECT OF THE ADMINISTRATIVE OFFENSE IN THE QUALIFICATION AND SYSTEMATISATION OF DOMESTIC ADMINISTRATIVE-TORT LEGISLATION ON ROAD TRANSPORT. Administrative Law and Process, (1(28), 53-66. https://doi.org/10.17721/2227-796X.2020.1.04
Section
Special administrative law