Agakarian R. Administrative responsibility for misdemeanors in transport: theoretical and legal characteristics

The dissertation is the first in administrative science monographic research of administrative responsibility for misdemeanors in transport in terms of defining its theory, regulatory and legal regulation and practice. In the scientific study, a comprehensive analysis of the state of scientific opinion regarding the definition of administrative responsibility for misdemeanors in transport was carried out, its essence and signs were determined. It has been established that the methodology of scientific knowledge of administrative liability for misdemeanors in transport is based on existing doctrinal developments regarding: 1) administrative liability; 2) regulation of social relations in transport; 3) bringing to administrative responsibility for misdemeanors in transport; For the first time, special features characterizing administrative responsibility for misdemeanors in transport have been singled out: the possibility of prosecution exclusively for misdemeanors committed within the framework of legal relations in transport; the possibility of specifying the grounds for administrative liability; the presence of peculiarities of the qualification of administrative offenses in transport; the commonality of these misdemeanors of the generic object and the possibility of their grouping by type of transport; the vast majority of the special subject is the driver of the vehicle or the passenger; specification of individual elements of proceedings in cases of bringing to administrative responsibility with an emphasis on: entities authorized to investigate cases of administrative offenses and make decisions on these cases; evidence that can be used; during the administrative investigation period; possibility of penalty in the form of deprivation of the right to drive a vehicle; the possibility of taking into account certain types of aggravating and mitigating circumstances when imposing administrative fines for administrative offenses in transport. The thesis regarding the correctness of using the term "misdemeanors in transport" instead of the term "offences in transport" is substantiated. The legal regulation of administrative responsibility for misdemeanors in transport is defined as a set of legal acts created by authorized subjects, which are of general obligation in ensuring compliance with legal norms regulating the operation and functioning of transport by means of administrative and tort law. The definition of the concepts: "administrative responsibility for misdemeanors in transport" is formulated as a reflection of the statics and dynamics of a socio-legal phenomenon, which reflects the negative reaction of the state to the violation of legal norms that regulate legal relations in transport, which is formally expressed in the possibility of applying measures of an administrative-delict nature ; "qualification of administrative misdemeanors in transport" as the establishment and procedural confirmation of the exact correspondence of the signs of illegal actions or inaction committed by a person to the signs of misdemeanors in transport, which are provided for by the norms of administrative-delict legislation; "sub-department of cases on administrative offenses in transport" as the establishment of entities whose competence normatively includes the authority to record the commission of administrative offenses in transport, the application of measures to ensure proceedings in this category of cases, as well as consideration of the case on its merits with the adoption of decisions on bringing to administrative responsibility for misdemeanors in transport.