The dissertation is an independent completed scientific work, which presents the results of comprehensive knowledge of the prevention of violations of traffic safety rules or operation of transport by persons driving vehicles. The author formulates a system of knowledge about violations of traffic safety rules and operation of transport as a historical, criminological, social and legal phenomenon.
The author analyzes in detail the foreign experience of criminal law protection of road safety and prevention of this type of unlawful acts. The author has formed a system of factors which cause violations of traffic safety rules or peration of transport by persons who drive it in general and under martial law.
The author analyzes the state of research into violations of road safety rules or operation of transport by persons driving vehicles in the national scientific doctrine, and considers the scientific works of researchers both during the Soviet period and during the period of development of Ukraine as an independent sovereign state. The author comes to the conclusion that the issues of ensuring road safety, combating criminal violations of road safety rules or operation of transport by persons driving vehicles, and combating criminal offenses in the transport sector have always been in the focus of national scholars, but the research on these issues has been mostly fragmentary.
The article analyzes violations of the rules of road safety or operation of transport by persons driving vehicles as a historical and sociolegal phenomenon.
Based on the results of the study of the genesis of the criminal law prohibition of this offense, the author has identified independent stages of its formation, which the author proposes to include the following the stage of the origin of criminal liability for violation of the rules of road safety and operation of transport from the times of Kievan Rus to the middle of the XVII century; the stage of active formation of criminal prohibitions on violation of the use of horsedrawn and water transport (from the beginning of the Code of Conciliar Laws of 1649 to the adoption of the Criminal Code of 1903) the stage of active development of criminal law protection of traffic safety and operation of various types of transport and the establishment of blanket criminal law norms (from 1903 to the adoption of the Criminal Code of Ukraine in 2001); the stage of establishing social relations in the field of traffic safety and operation of transport as an independent generic object of criminal offenses (from 2001 to 2018); the newest stage of development of criminal law policy in the field of traffic safety and transport operation, taking into account international legal standards and the criminological situation in the country (from November 22, 2018 to the present).
The article examines the international legal framework and practice of 28 foreign countries of criminalization of violation of road safety rules (Azerbaijan, Bulgaria, Great Britain, Georgia, Spain, Italy, Kyrgyz Republic, South Korea, Latvia, Lithuania, Germany, Norway, the Republic of Armenia, the Republic of Moldova, the Republic of Poland, the Republic of Tajikistan, the Republic of Uzbekistan, Romania, the United States, Turkmenistan, Ukraine, Finland, France, the Czech Republic, Switzerland, Sweden, and the United Kingdom). As a result, it was found that foreign legislators choose one of three options for legal protection of road safety: 1) violation of road safety rules is an independent generic object of criminal offenses (e.g., Ukraine, Spain, Bulgaria, Poland, Lithuania, Latvia, CIS сountries, etc.); 2) the legislator classifies this type of offense as an offense against public safety (e.g., Estonia, etc.); 3) violation of road safety rules with a victim is classified as an offense against life and health of a person (e.g., Sweden, France, Finland, etc.). The most similar to the national legislation is the criminal legislation of the CIS member states regulating liability for violation of traffic rules and operation of vehicles, comparing which the following conclusions can be drawn.
- the provisions providing for liability for the analyzed act have the same structure: liability for negligent infliction of property damage, moderate or serious harm to health; liability for negligent infliction of death; liability for negligent infliction of death to 2 or more persons; the state of intoxication under the legislation of most CIS member states is an aggravating circumstance that is punishable by a more severe penalty (exceptions are the Republic of Armenia, the Republic of Kazakhstan and the Republic of Uzbekistan);
