Administrative Liability for Violating the Rules of Stopping, Parking, Vehicle Parking

Keywords: vehicles, rules of stopping, parking, vehicle parking, violations, administrative liability.

Abstract

The authors of the article have defined the essence, grounds and procedure for implementing administrative liability for violating the rules of stopping, parking, vehicle parking, in particular they characterize the content of the rules of stopping, parking, vehicle parking, violation of which is the legal basis of liability, i.e. the objective aspect of the subject liable for these violations, the administrative penalties that may be imposed for their commission, the types of entities authorized to consider cases of these violations, as well as the specifics of proceedings in such cases.

It has been emphasized that driving cars and other vehicles is becoming more intense every year, which is primarily evidence of the success of technical progress. At the same time, the increase in the number of these funds creates a lot of problems for the organization and safety of road trafficking, as well as for the livelihoods of settlements. It is especially true in large cities, where traffic jams often paralyze the entire traffic. In addition, all of these facilities require storage and parking spaces, which are also chronically lacking.

It has been concluded that administrative liability for violating the rules of stopping, parking, vehicle parking has many features that are applied to all its components – the grounds for which are violations of specific rules defined by many regulations, and the subject can be recognized not only the person who directly committed these violations, but also other persons who are named responsible by law; content, i.e. administrative penalties that can be applied without taking into account the general rules of their imposition; procedure for implementation, especially in cases of violating the rules of stopping, parking, vehicle parking recorded in the mode of photography (video). The analysis of these features shows that the legal regulation and practice of administrative penalties for violations of the rules of stopping, parking, vehicle parking need further improvement, primarily in terms of ensuring the rights of those prosecuted.

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Author Biographies

O. Yu. Salmanova, Kharkiv National University of Internal Affairs

Doctor of Juridical Sciences, Professor.
Honored Worker of the Education of Ukraine.
Department of Administrative Law and Procedure (head).

A. T. Komziuk, Kharkiv National University of Internal Affairs

Doctor of Juridical Sciences, Professor.
Honored Worker of Science and Technology of Ukraine.
Department of Administrative Law and Procedure (professor).

References

Komziuk A.T. (ed.), 2007. Administrative responsibility in Ukraine [Administratyvna vidpovidalnist v Ukraini]. 3rd ed. Kharkiv: Vydavnytstvo Kharkivskoho natsionalnoho universytetu vnutrishnikh sprav.

Panasiuk O.V., 2020. Administrative-tort law of Ukraine: theoretical issues of development and reform [Administratyvno-deliktne pravo Ukrainy: teoretychni pytannia rozvytku ta reformuvannia]. Kharkiv: U spravi.

Husarov S.M., Komziuk A.T. and Salmanova O.Yu., 2017. Some current issues of reforming the institution of administrative responsibility [Deiaki aktualni problemy reformuvannia instytutu administratyvnoi vidpovidalnosti]. Forum prava – Forum of Law, [online] No. 5, pp. 112-119. Available at http://nbuv.gov.ua/j-pdf/FP_index.htm_2017_5_17.pdf [Accessed 26 August 2021].

Komziuk A.T., 2021. Problems of definition and settlement of the basic provisions of proceedings in cases of administrative offenses [Problemy vyznachennia i vrehuliuvannia osnovnykh polozhen provadzhennia v spravakh pro administratyvni pravoporushennia]. In: Mezinárodní Ekonomický Institut s.r.o. Moderní aspekty vědy. Czech Republic: Mezinárodní Ekonomický Institut s.r.o. Str. 271-278.

Published
2021-09-29
How to Cite
Salmanova, O. Y. and Komziuk, A. T. (2021) “Administrative Liability for Violating the Rules of Stopping, Parking, Vehicle Parking ”, Bulletin of Kharkiv National University of Internal Affairs, 94(3), pp. 150-161. doi: 10.32631/v.2021.3.13.
Section
Administrative Law and Procedure; Financial Law