CRIMINAL LIABILITY FOR VIOLATING THE RULES OF ROAD TRAFFIC SAFETY OR DRIVING THE VEHICLE BEING INTOXICATED

Уголовная ответственность за нарушение правил безопасности дорожного движения или управление транспортным средством в состоянии опьянения
Oleksandr Mykytchyk
2022-01-01

amendments to Ukrainian criminal lawarticle 2861 Criminal Code of Ukrainecriminal liability for road traffic safetydriving vehicle while intoxicated
The article is attributed to the previous investigation of criminal offence, provided in the article 2861 of the Criminal Code of Ukraine, on the basis of presence of objective and subjective signs of criminal offence. The following draft laws of Ukraine, registered by the Verkhovna Rada of Ukraine were analyzed: No. 3812 dated December 23, 2013 «On amending of legal acts of Ukraine on allocation of criminal liability on exploitation of vehicles being intoxicated»; No. 2310 dated February 19, 2013 «On supplementing the Criminal Code of Ukraine with article 2861 driving vehicles or ships by intoxicated persons»; No. 1373 dated February 2, 2015; "On Amending the legislative acts of Ukraine on implementation of Criminal liability on driving vehicles or ships by intoxicated persons; No. 2897 dated 19 May 2015; No. 3836 dated July 14, 2020 "On amending the article 2861 of the Criminal Code of Ukraine on implementation of the institute of criminal offences (increasing liability on driving the vehicle being intoxicated; also laws of Ukraine: «On amending to the current legislative acts of Ukraine on simplification of pre-trial investigations of some categories of criminal offenses» dated 22 November 2018 No. 2617-VIII; «On amending the legislative acts of Ukraine in lieu with the adoption of the Law of Ukraine «On amending certain legislative acts of Ukraine regarding the simplification of pre-trial investigation of other categories of criminal offenses»» dated 17 March 2020 No. 720-IX; «On amending certain legislative acts of Ukraine on strengthen the liability on criminal offences in the sphere of road traffic safety» dated February 16, 2021 No. 1231-IX. Propositions have been formulated for the improvement of criminal liability for violating the rules of safety of road traffic and vehicle expluatation by intoxicated persons.
1
Article analyzes criminal offence under Article 2861 of the Ukrainian Criminal Code based on objective and subjective signs of the offence.
2
Recent Ukrainian laws and amendments (Nos. 2617-VIII, 720-IX, 1231-IX) strengthening liability and simplifying pre-trial procedures in road safety offences are examined.
3
The authors formulate propositions to improve criminal liability for violating road traffic safety rules and operating vehicles while intoxicated.
4
The paper reviews multiple draft laws (Nos. 3812, 2310, 1373, 2897, 3836) proposing criminal liability for driving vehicles or ships while intoxicated.

Criminal liability for violating road traffic safety rules and for driving a vehicle while intoxicated under Article 2861 of the Criminal Code of Ukraine

Legal analysis and proposed improvements to the elements, scope, and application of criminal liability (objective and subjective signs, draft amendments, enforcement and increased penalties) for intoxicated driving and related road safety offences

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Oleksandr Mykytchyk
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