Evaluation Concept Of «Insignificance» As A Basis For Exemption From Administrative Responsibility For Driving Under The Influence

Abstract

The judicial practice of exemption of offenders from administrative resposibility due to insignificanceprovided by the Article 130 of the Code of Ukraine onadministrative offences has been analysed. The problems ofinterpretation of the eveluative term “insignificance” as a basis for exemption from administrative responsibility underArticle 130 of the Code of Ukraine on administrative offences has been disclosed. The сlassification of the most frequentcases of driving under influence into the insignificant administrative offence has been reviewed in practice. In particular,“lowindexofbloodalcoholcontent”,“presenceofmitigatingcircumstances“,“positiveperson’sbehaviouraftercommitting offence”, ”onset of intoxication due to the use of medicines“,“ no seizure of a vehicle by police officers”. Thedelimitation of illegal behaviour of a person that contains all indications of administrative offence, administrative offenceswith a formal composition, circumstances that mitigate responsibility, and insignificant administrative offence has beenconducted.Ithasbeenindicatedthatperson’sbehaviouraftercommittedoffenceandcircumstancesthatmitigateresponsibility for administrative offence should not be taken into consideration for acknowledgment of its insignificance. Itwas identified that contrition of a gulity person, committing an offence for the first time or commitment by a person that hasnot been prosecuted before, difficult financial situation, compensation for the caused damage and existence of dependents,as 10 years ago continue to remain the most common basis for exemption of offenders from administrative responsibilitydue to insignificance. An extension term of up to one year of imposition of an administrative penalty for committing anoffence providedbytheArticle 130 oftheCodeofUkraineonadministrative offenceshasbeenpositivelyassessed