Criminological legislation of Ukraine in the field of road safety

Abstract

The level of road safety in Ukraine cannot be estimated as high. According to the reports of the Patrol Police, in Ukraine in recent years, on average, 3.5 thousand people die from road accidents every year. An increase in the level of road transport safety determines the development of a theoretical basis for legislation to ensure the prevention of offenses, primarily criminal ones. The criminological legislation in the field of road safety can be such a theoretical basis. The legislation, the norms of which are aimed at ensuring road safety, is significantly branchy and widely held in norms of laws of different legal force, forming, on the one hand, a large layer of legal norms, and on the other, laying the foundations for the prevention of offenses in this area. Criminological legislation in the field of road safety is a separate structural element of the criminological legislation of Ukraine. The subject of legal regulation in this case is public relations in the field of regulation of the prophylaxis and prevention of offenses (both administrative and criminal) in the provision of road traffic. According to their functional purpose, the norms of the criminological legislation of Ukraine in the field of road safety can be divided into conceptual, programmatic, regulatory and preventive ones. Conceptual norms include the norms through which the system of views and constructive ideas of the state about the road safety improving is revealed. The program norms of criminological legislation in the field of road safety include the provisions of documents aimed at the implementation of conceptual norms. Regulatory norms are the norms of legislation aimed at observing the rules, norms and standards for the operation of transport, ensuring the rules for organizing road safety and other prescriptions that determine the rules for road users. Preventive provisions include the norms of administrative and criminal legislation that determine responsibility for violations in the field of road safety and transport operation, thereby performing prophylactic and preventive functions.