Author

Klimovich E.V. Kuznetsov A.V.

Title of article

Legal regulation of using special technical means for fixing violations of traffic rules – problems and prospects

Section

Improving law enforcement practice

Issue, year

4 (34) 2015

Abstract

Since the Federal Law “On amending the RF Code of Administrative Offences” came into force, it became possible to bring the vehicle owners to administrative liability in cases of automatic fixation of traffic rules violation by special fixation devices. A new method of detecting administrative offences caused a number of problems of legal and organizational nature. In particular, the list of subjects making the decision about the installation of special technical means and ensuring their application, as well as the criteria for choosing the place of installation aren’t defined. The lack of normative requirements for technical and software components of special technical means creates the possibility of using poor quality devices, incorrect settings, and violations of rights of persons brought to administrative responsibility. There’s no unified system of terms defining special technical means, their types, ways of use. The norms of the RF Code of Administrative Offences regulating the grounds for administrative liability of vehicle owners aren’t consistent with other provisions of the code and rules of civil and information legislation. In particular, the issue of form of guilt of vehicle owner isn’t resolved, the grounds for exemption of legal entity from administrative liability in case of fixing the offence by special technical means aren’t established. Procedural rules regulating the summary procedure of administrative proceedings in cases initiated on the materials of automatic fixation aren’t consistent with the general concept of administrative proceedings established by the RF Code of Administrative Offences. The current procedure allows offenders to avoid administrative liability.

Keywords

means of automatic fixation of violations of traffic rules, owners of vehicles.

References

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