Stryzhak A. Administrative and legal bases of activity of the patrol police as a subject of implementation of the state regional policy in the field of road safety

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U001627

Applicant for

Specialization

  • 081 - Право

25-05-2024

Specialized Academic Board

ID 5330

Kharkiv National University of Internal Affairs

Essay

The thesis study has been conducted to summarise the existing theoretical provisions and law enforcement practice with regard to determining the place, features and powers of the patrol police in the process of formulating and implementing the State regional policy in the field of road traffic safety. The author has made proposals and recommendations aimed at improving law enforcement in this area. It has been proposed the definition of "State regional policy in the field of road safety", which is a separate object of administrative and legal regulation and is a relevant component of the State policy, which directly includes the direction (strategy) of development of relations in the field of road safety and a set of administrative and legal instruments for implementing measures aimed at preventing violations of current legislation by administrative legislation. It has been identified the features of administrative and legal relations which take place in the course of implementation of the State regional policy in the field of road safety, namely: 1) they are public-law relations, since the subject matter of regulation is relations in the area of implementation of public (State, social) interests; 2) they take place in the area of road safety; 3) they are regulated, as a rule, by administrative law; 4) a wide range of subjects of formation and implementation of the State regional policy in the area of road safety; 5) they are united by the goal of reducing the level of road accidents and deaths, as well as development of transport infrastructure, etc. The author has proposed a classification of subjects of implementation of the State policy in the field of road traffic safety, with a division according to the following criteria: 1) by the status of the subject: state; non-state; foreign, international; 2) by the branch of government to which it belongs: legislative bodies; executive bodies; judicial bodies; 3) by the presence of state power: with general competence; with special competence; 4) by the specifics of the tasks that can be solved: those that formulate policy; those that implement policy; those that both formulate and implement policy; 5) by subordination and structural feature: separate (independent) bodies (ministries, services, local authorities and self-government bodies, etc.); subdivisions of a separate (independent) body, i.e. its structural components (divisions, departments, etc.). It has been stated that the legal framework for the activities of the patrol police as a subject of implementation of the State regional policy in the field of road safety is based on administrative law provisions, since they determine: principles, tasks, goals and directions of the State regional policy in the field of road safety; administrative and legal relations which form the basis of the sphere of organisation and ensuring road safety; administrative and legal status of the patrol police as a subject of implementation of the State regional policy in the field of road safety; administrative and legal status of the patrol police as a subject of implementation of the State regional policy in the field of road safety; administrative procedures, as well as forms and methods of administrative activity of the patrol police as a subject of implementation of the state regional policy in the field of road safety; grounds and procedure for applying administrative liability in the field of road safety, etc. It has been established that the preventive activity of patrol police in the field of road traffic safety consists of a set of measures and actions aimed at preventing, preventing, preventing, counteracting the commission of offences, identifying the causes and conditions which give rise to offences, and also forming a certain legal outlook in the minds of the population which will ensure the formation of the habit of not committing offences and will form the importance of compliance with the restrictions and requirements established by law. It has been noted that this type of activity, the preventive activity of patrol police, should be carried out at three levels: from eliminating the causes that contribute to the commission of offences to taking measures to prevent recurrence. The author has emphasized that administrative and legal means of ensuring road safety are understood as a set of instruments and each individual subject of such ensuring which is characterized by regulatory regulation, mainly administrative law provisions, the use of which is aimed at implementing activities aimed at ensuring the safety of road users, creating conditions for it, and also determining the guarantees necessary for the effective implementation of practical means.

Research papers

Стрижак А.О. Організація діяльності патрульної поліції Грузії у сфері забезпечення безпеки дорожнього руху. Юридична наука. 2020. №4 (106). Том. 2. С. 158-169.

Сокуренко В.В., Стрижак А.О. Загальна характеристика адміністративно-правових засобів забезпечення безпеки дорожнього руху в Україні. Вісник Харківського національного університету внутрішніх справ. 2021. № 2 (93). С. 194-202.

Стрижак А.О. Концептуальні підходи до формування системи критеріїв оцінки ефективності діяльності патрульної поліції у сфері безпеки дорожнього руху. Наукові записки. Серія: Право. 2021. Вип. 11. С. 113-119.

Стрижак А.О. Державна регіональна політика у сфері безпеки дорожнього руху: поняття та зміст. Науковий вісник публічного та приватного права. 2023. Випуск 5. С. 218-223.

Стрижак А.О. Загальна характеристика стану наукової розробленості проблеми безпеки дорожнього руху. Вісник кримінологічної асоціації України. 2023. № 2 (29). С. 289-300.

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