The dissertation research is devoted to a comprehensive analysis of the administrative and legal regulation of overall and weight control (WDC) in Ukraine as a specialized institute of public administration, which ensures compliance with the regulatory weight and overall parameters of vehicles in order to guarantee road safety and preserve the automobile infrastructure. The work is based on a combination of theoretical and methodological approaches, analysis of national and international legislation, doctrinal provisions and law enforcement practice, which allowed to form a systematic understanding of the subject of the study and to propose the author's vision of the directions of its improvement.
Considerable attention is paid to the understanding of the WDC as an object of administrative legal relations, where it is considered through the prism of interaction between subjects of power and participants in economic activity. In the scientific aspect, the administrative and legal nature of the WDC, which combines the regulatory, protective and control functions of public authorities, as well as its place in the system of legal regulation of road traffic, is studied. The correlation of the norms regulating the WDC with the provisions of transport, economic and environmental law is separately considered, which makes it possible to identify the interdisciplinary nature of this institution. The legal status of the bodies authorized to implement the WDC and their competence in rule-making, organizational and control activities is analyzed. The peculiarities of the interaction of central and local authorities in the field of development and implementation of regulatory acts, including the challenges that arise in conditions of martial law and emergency situations, are described. Potential risks, problematic aspects and prospects for improving the regulatory regulation of the State Highway Code in crisis conditions are investigated, which allows laying the foundation for further reform of the industry.
The paper identifies the conceptual principles for the formation of administrative and legal tasks of the State Highway Code, including the prevention of violations of weight and dimensional standards, ensuring road safety and preserving road infrastructure. The impact of decentralization processes on the implementation of these tasks is revealed, in particular the redistribution of powers between central and local authorities. The functions of the State Highway Code are systematically classified: control and measurement, sanction and law enforcement, preventive, information and analytical and coordination. Their legal nature and relationship with other areas of public administration are investigated. The principles of administrative and legal implementation of the State Highway Code are separately analyzed, including legality, proportionality, openness, technological feasibility and inevitability of liability. It is emphasized that compliance with these principles is of key importance for ensuring the effectiveness of control procedures and public trust in public authorities.
The study defines the concept and characteristics of the subject of administrative and legal relations in this area, and also classifies subjects by level of competence, functional purpose and organizational and legal status. The legal status and powers of each group of subjects are disclosed - from central executive bodies to local self-government bodies and specialized state enterprises. Considerable attention is paid to the involvement of non-state structures, in particular weighing equipment operators and technical service entities, in the implementation of elements of the WDC mechanism. The features of interaction between central and local authorities are described, including mechanisms for coordination, information exchange and joint implementation of control measures. The types and features of legal liability of WDC subjects are analyzed, including the application of administrative sanctions to various categories of violators. A special emphasis is placed on the specifics of the activities of subjects during martial law and emergency situations, when the importance of efficiency and coordination of actions increases. The system of control and supervision over the activities of subjects of the State Security Service is studied as a necessary prerequisite for increasing the effectiveness of administrative and legal regulation in this area.
Theoretical and methodological approaches to the analysis of the administrative and legal mechanism for implementing WDC are determined, considering it in the context of the functioning of the general system of state control in transport.
