Disqualification from driving: enforcement in Russia
https://doi.org/10.52468/2542-1514.2021.5(3).205-214
Abstract
The subject. The article considers the legal basis for the execution of decisions on administrative penalties in the form of disqualification from driving, as well as the prospects for the development of new legislation in the field of road traffic. The article examines the social relations that develop in the process of implementing the jurisdictional powers of the Russian State Traffic Inspectorate in ensuring road safety, preventing and suppressing offenses related to encroachment on motor vehicles, transported goods, the life and health of drivers and pedestrians.
The purpose of the article is to confirm or disprove hypothesis that there are defects in Russian legislative regulation that prevent the effective execution of decisions on the disqualification from driving. They are not eliminated in the draft of the new Russian Code of Administrative Offences.
The methodology of research is the provisions of the general theory of law, the modern science of administrative law and the theory of public administration. The authors used a systematic approach and formal legal analysis. The legislation of the Russian Federation and the practice of its enforcement were studied also.
The main results. In accordance with paragraph 5 of Article 2 of the Russian Federal Law "On the Police", the execution of administrative penalties is one of the main activities of the police. The effectiveness of the entire proceedings in cases of administrative offenses largely depends on the execution of the adopted resolutions. The leading role in the execution of decisions on administrative penalties, in particular, related to the disqualification from driving, belongs to the internal affairs bodies. It is important to note that the execution of administrative penalties in practice is associated with certain difficulties.
Conclusions. The execution of decisions on the imposition of disqualification from driving as an administrative penalty causes difficulties due to defects in legislative regulation, which are not fully resolved in the draft of the new Russian Code of Administrative Offences.
About the Authors
V. V. Golovko
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Vladimir V. Golovko – Doctor of Law, Professor; Professor, Department of State and Municipal Law
55a, Mira pr., Omsk, 644077
RSCI SPIN-code: 9878-9410;
AuthorID: 499296
I. V. Slyshalov
Omsk Academy of the Ministry of Internal Affairs of Russia
Russian Federation
Russian Federation
Igor V. Slyshalov – PhD in Law, Associate Professor; Deputy Head, Department of Internal Affairs Bodies in Special Conditions
7, Komarova pr., Omsk, 644092
RSCI SPIN-code: 3527-7841;
AuthorID: 499297
A. I. Sakhno
University of Tyumen
Russian Federation
Russian Federation
Alexander I. Sakhno – PhD in Law, Associate Professor; Head, Department of Administrative and Financial Law
6, Volodarskogo ul., Tyumen, 625003
RSCI SPIN-code: 4928-2678;
AuthorID: 518926
References
1. Lukyanov V.V. Road safety, 2nd ed. Moscow, Transport Publ., 1983. 262 p. (In Russ.).
2. Rossinskii B.V. Organizational and managerial problems of the functioning of the state system for ensuring road safety, Monograph. Moscow, 1993. 168 p. (In Russ.).
3. Yakubenko N.V. Security policy and the essence of the anthropotechnical system "road traffic": (socio-legal and technical aspects). Tyumen, 2000. 159 p. (In Russ.).
4. Dmitriev S.N. Problems of the organization of the road patrol service, Monograph. Moscow, Spark Publ., 2002. 303 p. (In Russ.).
5. Kvitchuk A.S., Sin'kevich N.A. State-legal policy of ensuring road traffic safety, Monograph. St. Petersburg, 2005. 187 p. (In Russ.).
6. Golovko V.V. Administrative and jurisdictional activities of the state road safety inspectorate. Omsk, Omsk Academy of the Ministry of Internal Affairs of Russia Publ., 2007. 208 p. (In Russ.).
7. Golovko V.V., Slyshalov I.V. Administrative activity of the state traffic inspectorate, Monograph. Omsk, Omsk Academy of the Ministry of Internal Affairs of Russia Publ., 2017. 190 p. (In Russ.).
8. Beketov O.I. (ed.). Administrative activities of the police. The general part. Omsk, Omsk Academy of the Ministry of Internal Affairs of Russia Publ., 2015. 312 p. (In Russ.).
9. Beketov O.I. (ed.). Administrative activities of the police. The special part. Omsk, Omsk Academy of the Ministry of Internal Affairs of Russia Publ., 2016. 354 p. (In Russ.).
10. Golovko V.V. Administrative offenses in the field of road traffic: concept, qualification and responsibility. Omsk, 2004. 225 p. (In Russ.).
11. Kozhevnikov V.V. Professional and legal culture as a condition for the effectiveness of law enforcement in the internal affairs bodies, Cand. Diss. Moscow, 1992. 251 p. (In Russ.).
12. Kozhevnikov V.V. Legal activity of participants in law enforcement activities of internal affairs bodies: (questions of theory), Doct. Diss. Moscow, 2004. 427 p. (In Russ.).
13. Kir'yanov V.N. Formation of professional legal awareness of a traffic police officer, Cand. Diss. Thesis. St. Petersburg, 2000. 21 p. (In Russ.).
14. Maksimov I.V. Administrative penalties. Moscow, Norma Publ., 2009. 464 p. (In Russ.).
15. Nagornov D.S. Administrative penalties in the administrative and legal activities of the internal affairs bodies, Cand. Diss. Rostov-on-Don, 2010. 160 p. (In Russ.).
16. Parygin N.P., Golovko V.V. Execution of administrative punishments. Moscow, Eksmo Publ., 2006. 127 p. (In Russ.).
17. Kisin V.R. Some judgments about the concept of the new Code of Administrative Offences of the Russian Federation. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2020, no. 2, pp. 37–42. DOI: 10.18572/2071-1166-2020-2-37-42. (In Russ.).
18. Kurakin A.V., Karpukhin D. V. Actual issues of the concept of the new Code of Administrative Offenses of the Russian Federation. Rossiiskaya yustitsiya = Russian Justice, 2020, no. 2, pp. 2–6. (In Russ.).
19. Starilov Yu.N. The reform of administrative and tort legislation requires a proper concept, in: Aktual'nye problemy administrativnogo i administrativno-protsessual'nogo prava, materials of the annual all-Russian scientific and practical conference (Sorokin Readings), March 20, 2015, St. Petersburg, St. Petersburg University of the Ministry of Internal Affairs of Russia Publ., 2015, pp. 26–40. (In Russ.).
20. Popugaev Yu.I. On constitutional and legal bases of the legislation of the Russian Federation on administrative offences. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2018, no. 12, pp. 70–75. (In Russ.).
21. Popugaev Yu.I. Basic conceptual framework for the development of General and Special parts of the new code of the Russian Federation on administrative offences. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2019, no. 6, pp. 19–24. (In Russ.).
22. Sevryugin V.E. On the concept of the new Code of the Russian Federation on Administrative Offenses and the destruction of the integrity of the institute of Administrative Responsibility. Yuridicheskaya nauka i pravoprimenitel'naya praktika = Legal science and law enforcement practice, 2016, no. 1, pp. 100–106. (In Russ.).
23. Sokolov A.Yu., Lamov A.O. Novelties and shortcomings of the new Code of the Russian Federation on Administrative Offenses. Vestnik Saratovskoi yuridicheskoi akademii = Bulletin of the Saratov Law Academy, 2018, no. 1, pp. 98–104. (In Russ.).
24. Avrutin Yu.E. Problems of legislative modernization of the mechanism of administrative and legal regulation in the context of ensuring proper public administration. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2015, no. 8, pp. 7–14. (In Russ.).
25. Yakushev M., Puginsky S., Starilov Yu., Esakov G., Travkina N., Ryabov A. The reform of the Administrative Code: what should the new Code be? Zakon = Law, 2019, no. 7, pp. 17–28. (In Russ.).
26. Shergin A.P. Constitutional bases of administrative and tort legislation. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2018, no. 12, pp. 65–70. (In Russ.).
27. Sokolov A.Yu., Lakaev O.A. A critical look at the draft Code of the Russian Federation on Administrative Offenses and the Procedural Code of the Russian Federation on Administrative Offenses. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2020, no. 8, pp. 44–51. DOI: 10.18572/2071-1166-2020-8-44-51. (In Russ.).
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For citations:
Golovko V.V., Slyshalov I.V., Sakhno A.I. Disqualification from driving: enforcement in Russia. Law Enforcement Review. 2021;5(3):205-214. https://doi.org/10.52468/2542-1514.2021.5(3).205-214
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