ESTABLISHMENT OF CAUSE AND EFFECT RELATIONSHIP BETWEEN IMPROPER ARRANGEMENT OF TRAFFIC MANAGEMENT FACILITIES AND TRAFFIC ACCIDENTS OCCURRENCE

The daunting issues arising at experts and forensic bodies when appointing and conducting comprehensive road and pavement forensic investigation and road accident analysis (forensic expert examination) are considered. Types of traffic accidents provided by the statistics of the Department of Patrol Police of Ukraine are analyzed. A number of road accidents with victims committed in conditions of the road and settlements streets unsatisfactory state is defined.   More and more judicial and investigative bodies turn to forensic science institutes, in particular to KhRIFE, in order to determine whether the improper design of the road network affected the occurrence of an accident. In other words, the questions not only on the establishment of improper design of the road section where the accident occurred, but also on the existence of cause and effect relationship between the identified discrepancies and the accident are advanced for examination. The study of the above issues belongs to the forensic specialty 10.16 Road and Pavement Forensic Investigation. The demand for forensic research of improper design of the road network and the causes of accidents are constantly growing. At the same time, the practice of conducting road and pavement forensic investigation, namely the analysis of the materials provided for the study, shows that most criminal proceedings are investigated both while pre-trial investigation and in court for violation of traffic safety rules or transport operation by persons who drive vehicles. In the statistical report of the Department of Patrol Police of Ukraine, the data of road accidents are not classified as those that arose due to improper condition of roads and streets of settlements, and when conducting road and pavement forensic investigation it is established that improper design of the road network is in cause and effect relationship with the occurrence of an accident from a technical point of view.