Introduction

1.2 Foreign experience in ensuring road safety

Conclusion

Introduction

The problem of road safety, ensuring effective protection life and health of Russians in last years took on a special urgency. The losses associated with traffic accidents are several times higher than the damage from railway accidents, fires and other types of accidents. According to official statistics, over 12 years (from 1997 to 2008 inclusive) over 315,000 people died on Russian highways, and more than 2 million were injured as a result of traffic accidents. main reason is the unimproved quality and lack of progress in expanding the road network and infrastructure of Russia, the presence of continuing problems in ensuring road safety, including the underdevelopment and imperfection of the legislation governing these relations.

It should be noted that in developed countries the level of road traffic injuries is much lower, however, even there its reduction is considered as a serious problem. The relevance of the chosen topic is also confirmed by the special attention paid by the world community to this issue. The United Nations characterizes the road safety situation as a worldwide global crisis. The scale of road traffic injuries corresponds to the scale of the problem that threatens the national security of Russia, according to the Russian Ministry of Internal Affairs.

Thus, the data presented indicate the presence of signs of a systemic crisis in the organization of activities in the field of road safety. In Russia, executive authorities and local governments are not endowed with effective powers and do not bear due responsibility for the state of road safety. As a result, the activities implemented in the subjects Russian Federation, are fragmented, are not linked into a single system and are aimed primarily at solving local, current problems. The situation is greatly aggravated by the fact that the federal center has no effective leverage to influence the accident situation in the country.

Currently, joint strategies and tactics are being developed for all federal ministries, executive authorities of the regions and public organizations involved in ensuring road safety. As you know, the unified legal order of road traffic throughout the Russian Federation is still determined by the Rules of the Road, approved by the Decree of the Council of Ministers - the Government of the Russian Federation a decade and a half ago (with subsequent amendments and additions). This fact in itself raises the question of why a federal law on traffic rules has not yet been developed and adopted. After all we are talking about the most important area of ​​legal protection of public relations related to ensuring road safety throughout the largest state in the world.

Thus, ensuring road safety in the Russian Federation is directly related to the results of socio-economic transformations, building a democratic state of law, development civil society and therefore cannot be solved without the joint efforts of the state and society. A special role in this is assigned to the bodies of the State Road Safety Inspectorate (State Automobile Inspectorate) of the Ministry of Internal Affairs of the Russian Federation.

The issues of improving legislation in the field of road safety in Russia are actively discussed in their works by scientists Bahrakh D.N., Mayorov V.I., Rossinsky B.V. Particular emphasis in their research is placed on the existing conflicts and contradictions in the legal acts issued by the legislator, and also conduct a qualitative analysis of the adopted novels.

The object of this study is the social relations that are developing in the field of road safety.

The subject of the study is the problems that develop in the process of implementing the legal regulation of public relations, public relations related to ensuring safe movement on the roads in the Russian Federation.

The main purpose of this work is to study the theoretical and practical problems associated with ensuring safety in the field of road traffic in the Russian Federation and the development practical advice to improve legislative and law enforcement activities in this area.

The objectives of this study are:

) analysis of legal regulation in the field of road safety;

) a comprehensive study of the main sources in the field of road safety;

) analysis of foreign experience in ensuring road safety;

) analysis of the problems of application of legislation in the field of road safety;

) generalization of the practice of applying legislative regulation in the field of road traffic;

) identification of problems of bringing to administrative responsibility for violation of traffic rules;

) analysis of the implementation of supervision and control over the implementation of legislation in the administrative activities of the traffic police of the Ministry of Internal Affairs of Russia;

legal regulation of traffic

8) identifying the causes of violations of the implementation of laws in the administrative activities of the traffic police of the Ministry of Internal Affairs of Russia;

) analysis of trends in the prevention of child road traffic injuries in the Russian Federation.

The methodology of this work is an analysis that evaluates legal acts and determines the degree of effectiveness of their application in the field of road safety, comparison of domestic experience in the regulation of public relations with the experience of developed foreign countries, as well as the synthesis of the results obtained in the form of conclusions and suggestions.

This work consists of an introduction, three chapters, each of which has two paragraphs and a conclusion, which formulates the main conclusions.

Thus, by resolving the set goals and putting them into practice, it will be possible to reduce the number of road accidents without losing, throughput urban and country roads. Therefore, in this case, legal regulation plays a special role, since it determines whether the organization of traffic flows and their safety in Russia will be effective or not, which directly affects the life of the whole society as a whole.

Chapter 1. Legal regulation in the field of road safety

1.1 Regulatory sources in the field of road safety

The accident rate in road transport is one of the most acute socio-economic problems facing Russia. According to statistics, in 2008 there were 218,322 road traffic accidents (hereinafter referred to as RTAs) on the roads of the country, as a result of which almost 29,936 people died and 270,883 people were injured.

Adopted December 10, 1995 the federal law"On Road Safety" (hereinafter referred to as the Law) is no longer able to fully influence the reduction of accidents and injuries on the roads, since over the past decade the country has undergone significant changes in legislation, the system and structure of federal executive authorities, the content and forms of implementation of the provided them powers.

A comprehensive analysis of the existing system of legal regulation in the field of road safety has made it possible to identify the most acute shortcomings in legal regulation, which include:

) the regulatory legal framework does not fully regulate public relations in this area and is characterized by a number of contradictions;

) there is no clear regulatory legal consolidation of the subjects of jurisdiction, powers and responsibilities of management entities at all levels;

) there are gaps in the normative legal regulation of the coordination of the activities of executive authorities, both at the federal and regional levels;

) the financing procedure is not sufficiently detailed necessary activities in the area under consideration;

) the forms and methods of monitoring compliance with road safety requirements are not strictly regulated;

) legislation on administrative offenses in the field of road safety does not fully ensure the implementation of the main task - the prevention of offenses;

) there are practically no norms stimulating the participation of civil society institutions and means mass media in accident prevention activities.

Thus, the question arises about the possibility of solving existing problems within the framework of the Law. To solve this problem, it is necessary to consider the essence of the said Law through the legal prism.

At present, there is no clear understanding of what "road safety" is, since, according to paragraph 2 of article 2 of the Law "On Road Safety", road traffic is understood as a set of social relations that arise in the process of moving people and goods with the help of Vehicle or without them within the road. At the same time, road safety is defined as the state of this process, reflecting the degree of protection of its participants from road accidents and their consequences (paragraph 3, article 2 of the Law). That is, road safety is one of the qualitative characteristics of the road traffic process, is integral part this process at all its stages.

Thus, it is clear that, firstly, the allocation of public relations in relation only to road safety is rather conditional, and secondly, it makes it difficult to clearly define the subject of legal regulation of this Law. Which, in turn, causes a number of internal contradictions and other shortcomings of certain provisions of the Federal Law "On Road Safety".

In science, there is a debatable question about the correct understanding of the term traffic. Thus, the Federal Law "On Road Safety" and the Rules of the Road define road traffic as "a set of social relations arising in the process of moving people and goods with or without vehicles within the road" . However, according to a number of scientists, the given definition of "traffic" is not entirely correct, since it allows the term "totality" to express such a complex phenomenon as traffic. In the works of Yakubenko N.V., Denisov R.I., Shakhrimanyan I.K., road traffic is considered as a complex open system, which is characterized by purposefulness and dynamism . Road traffic, which includes the spatial movement of people and goods, as a whole is not a spontaneous process, but is the result of a conscious and controlled activity, and this activity is not of individual individuals, but the functioning of the road transport system of the state.

An important problem and as a consequence of the shortcomings of the Law is the frequently encountered blanket norms, which cannot be referred to due to the fact that their implementation involves the adoption of additional regulatory legal acts of various legal force. The analysis showed that out of 24 articles of the Law "On Road Safety" that define the requirements for ensuring road safety, 18 articles refer to another regulatory legal act.

For example, Article 9 of the Law provides that "the procedure for maintaining state records, using accounting information and generating reporting data in the field of ensuring road safety is established by the Government of the Russian Federation." Article 14 of the Law contains a provision according to which "the grounds for the temporary restriction or termination of the movement of vehicles on the roads are established by laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on road safety."

Thus, reference rules providing for the need for legislative or other regulatory legal acts are also found in a number of other articles.

A number of researchers prove the ineffectiveness of the implemented norms due to the fact that the Law is of a framework nature and cannot be attributed to the laws of direct action. Thus, the norms of direct action contained in the Law, as a rule, are devoted to resolving narrow, specific issues related to ensuring road safety. Thus, Article 12 of the Law determines that "the obligation to ensure the conformity of the condition of roads after repair and during operation established rules, standards, technical standards and others regulatory documents is assigned to the executive authority in charge of the roads." According to Article 19 of the Law, it is prohibited to operate vehicles whose owners have not fulfilled the obligation established by federal law to insure their civil liability. Article 22 establishes right-hand traffic on the roads of the country.

The framework nature of the Law is also fully manifested in the design of norms that establish the competence of management entities at various levels in the field of road safety (federal, regional, municipal).

Assessing this situation, one should really take into account the historical aspects of the formation legislative framework Russian Federation at the time of the adoption of this Law. Since at that time the issues of distribution of competence between the center and the subjects of the Russian Federation were of an acute, debatable nature, aggravated by the economic and financial problems of the country. Under these conditions, a more detailed delimitation of competence by levels of management was practically impossible.

During the period of the Law, the socio-economic situation in the country has changed dramatically. A number of legislative acts have been developed and put into effect, including those regulating the competence of bodies state power subjects of the Russian Federation and local governments municipalities. However, in the adopted legislative acts, the issues of ensuring road safety have not received due regulatory reflection.

An important problem is the undeveloped mechanism for implementing the fundamental principles of ensuring road safety, which are formulated in the Law: the priority of the life and health of citizens participating in road traffic over economic results economic activity; the priority of state responsibility for ensuring road safety over the responsibility of citizens participating in road traffic.

The Law uses the concept of "pursuing a state policy in the field of ensuring road safety", but neither this legislative act nor other regulatory legal acts disclose the specific content of this provision.

According to experts, the effectiveness of the Law largely depends on the effectiveness of the activities of entities that carry out state supervision and control in the field of road safety . This problem is assigned an independent chapter of the Law, which is given in the very general view. However, at present there is no clear legal delimitation of competences for the implementation of control and supervisory functions by these bodies.

Separate legislative acts, necessary for the implementation of the Law, have not yet been developed (for example, in terms of establishing the grounds for restricting or stopping the movement of vehicles on the roads, determining offenses that entail restriction of the right to drive a vehicle, etc.). The whole sphere of public relations concerning the medical provision of road safety also remains unsettled.

The issue of improving legislation can also be considered debatable, since the modernization of laws in this area is a complex process that requires a systematic approach.

In this connection, a number of researchers, it seems appropriate to focus the main efforts on solving the following priority tasks:

) development of proposals for amendments to the Law under consideration, as well as other legislative acts;

) development of legislative acts provided by the Law;

) preparation of other normative legal acts in development of the Law.

An analysis of individual norms of the Law indicates the need to clarify a number of its provisions, which in some cases is of a rather fundamental nature.

From this it follows that as a result of an accident, material and other damage is actually caused not only to road users, but also to legal entities (owners of vehicles, owners of goods transported by road), road owners and other subjects of activity in the area under consideration, as well as persons who do not directly related to the process of road traffic - the owners of objects located on the territories adjacent to the roads, belonging to enterprises, institutions, organizations and citizens.

Firstly, the Law is in dire need of a clear definition of the term "driving activity" contained in paragraph 1 of Article 25 of the Law.

Secondly, a detailed regulation of the provision, which is formulated in the most general form, is necessary, related to the establishment of a safe working and rest regime for drivers contained in Article 20 of the Law.

Thirdly, it is necessary to legally resolve the conflict of legal norms on the issue of the participation of officials of the State traffic inspectorate in the provision of pre-medical medical care injured in traffic accidents.

It should be noted the problem, in Article 5 of the Law, defining medical provision as an element of state policy, classifies it among the main areas of activity to ensure road safety. The procedure for organizing medical care, as well as some other types of activities in the field of medical road safety, should be established by federal law, in accordance with Article 23. However, such a law has not been developed so far. Separate provisions relating to the implementation of medical support are contained in the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens.

According to Article 39 of the Fundamentals, emergency medical care is provided to citizens in conditions requiring urgent medical intervention (in case of accidents, injuries, etc.), medical institutions, regardless of territorial and departmental affiliation, medical workers, as well as officials obliged to provide it by law or by special rules.

Subparagraph "and" clause 11 of the Regulations on the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation, approved by Decree of the President of the Russian Federation of June 15, 1998 N 711, the employees of the State traffic inspectorate are obliged to "provide first aid" in the implementation of urgent actions at the scene of the accident.

At the same time, in accordance with clause 96, part 1, article 17 of the Federal Law "On Licensing certain types activities" medical activity classified as a licensed activity. However, the corresponding licenses are not issued to employees of the State traffic inspectorate.

Thus, the blanket nature of the norms of the Law leads to the objective need to develop a number of legislative acts aimed at implementing certain norms of the Law in the implementation various kinds activities in the field of road safety.

In this connection, the adoption of the Federal Laws "On Medical Provision of Road Safety", "On highways ah in the Russian Federation", "On toll roads", "On amendments to the Federal Law "On technical regulation", the Charter of the automobile and urban ground electric passenger transport Russian Federation.

Relevant is the preparation of proposals for amending the Federal Law of October 6, 1999 N 184-FZ "On general principles organizations of legislative (representative) and executive bodies of the State Authorities of the Subjects of the Russian Federation" and Federal Law No. 131-FZ of October 6, 2003 "On the General Principles of Organization of Local Self-Government in the Russian Federation" in terms of clarifying the competence of these bodies in the field of ensuring road safety.

Thus, it is possible to suggest that it would be expedient to empower the executive authorities of the constituent entities of the Russian Federation and local governments with appropriate powers in the following areas of activity in the field of road safety:

) the ability to develop and implement targeted programs to ensure road safety;

) to coordinate the activities of the executive authorities of the constituent entities of the Russian Federation, local governments, public associations, legal and individuals to prevent accidents and reduce the severity of their consequences; creation for these purposes of separate special bodies in the structure of executive authorities;

) to create a separate organization of the system of medical provision of road safety, in which purposeful training of drivers of vehicles, education of the population in the basics of road safety was carried out;

) involvement of public associations, the media in the work on the prevention of accidents, the organization of work to prevent child road traffic injuries.

The problem of improving a number of other legislative acts remains unresolved. First of all, it is necessary to amend the following laws:

) to the Land Code of the Russian Federation, it is necessary to determine the details legal status land included in the concept of "right of way", the mandatory allocation of land for the organization of parking and parking of vehicles, etc.;

) in the Town Planning Code of the Russian Federation, it is necessary to establish requirements for the mandatory inclusion in the general plans for the development of cities and other settlements traffic management issues;

) in the Federal Law of January 10, 2003 N 17-FZ "On Railway Transport in the Russian Federation" to add additional regulation of road safety issues when organizing traffic at railway crossings;

) in the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" to introduce the improvement of the legal regulation of the system for training candidates for drivers, the organizational and methodological aspects of this activity, the introduction to school programs a course of knowledge of the basics of the Rules of the road, etc .;

) to the Federal Law of August 8, 2001 N 128-FZ "On Licensing Certain Types of Activities" (clarification of the procedure for licensing activities for the transportation of passengers and goods by road, taking into account modern requirements);

) to the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" to improve the mechanisms of economic incentives for accident-free operation of vehicles, etc.

Thus, by introducing the proposed changes to the relevant federal laws, it will create the necessary legal basis for a radical increase in efficiency government controlled in the field of ensuring road safety and, accordingly, reducing the level of road traffic accidents.

.2 Foreign experience in ensuring road safety

The current understanding that road crashes are only a problem in the transport sector is misguided. Road safety and its provision is, first of all, a social problem, the solution of which depends primarily on the health authorities, the economic sector and the family. According to the forecasts of the World Health Organization (WHO), by 2020, road traffic injuries will take the third place in the list of causes of death, giving way only to cardiovascular and neuropsychiatric diseases. By this year, the road fatality rate will be 30% in high-income countries and over 80% in low- and middle-income countries. Statistics on the number of road accidents and the negative consequences associated with them at the 58th session of the UN General Assembly are recognized as a "global crisis".

It should be noted that in Europe, in the development and implementation of road safety policy, a large role is played by international organizations, and the World Health Organization has been identified as the coordinator for road safety. The European Conference of Ministers of Transport (ECMT) has decided to reduce the number of road traffic fatalities by 50% by 2012, and therefore many ECMT members have developed strategies and programs with the main goal of reducing the number of road accidents and the severity of their consequences.

The problem of reducing road injuries is resolved through the development and adoption of programs that are interdepartmental in nature, various state authorities and administrations participate in its implementation. In most European countries, road safety programs are a stand-alone document, and in a number of countries this Program is an integral part of larger projects. Programs are adopted and approved at the highest level of state power. Thus, in Mexico, the president approves the program; resolutions are adopted by the government in Bulgaria, Russia, Finland, Japan, by the parliament - in Denmark, Italy, Sweden, etc. Many states, in addition to national road safety programs, also have regional and even local programs approved by regional or local executive authorities, respectively.

With regard to funding, each state determines how the programs will be funded. In most countries, the implementation of activities is carried out at the expense of the state budget (Finland, Japan, etc.) or at the expense of state bodies and extrabudgetary sources (Italy, the Republic of Korea, Russia, etc.).

Thus, the priority areas for ensuring road safety can be divided into the following groups:

) observance of traffic rules. The main activities that ensure this direction are: the eradication of legal nihilism, raising the level of legal awareness, promoting road safety; improving the supervision and control of the use of seat belts, child restraints and other protective equipment, compliance speed limit and identification of persons driving a vehicle while intoxicated;

) improving the level of vehicle safety. To do this, it is necessary to increase the visibility of the vehicle on the roads; improvement of structures, equipment and systems of the vehicle;

) reducing the risk of traffic and creating a safe road environment. In this direction, it is implied: giving priority public transport; tightening the system for issuing driver's licenses; use of innovations in urban planning and land use;

) improving the system of medical care. To do this, it is necessary to ensure the prompt arrival of medical units at the scene of an accident and their emergency care victims; organization and provision of treatment and rehabilitation of persons injured in road traffic accidents;

To justify the above division, it is also possible to single out three main principles on the basis of which national programs are developed:

) analysis of the causes of accidents;

) development of cost-effective measures aimed at achieving the goal;

) tracking the results of activities, adjusting the selected areas.

At the level of national legislation, many countries reduce the problem of road safety regulation to codified norms. Positive examples exist in Bulgaria, Denmark, Spain, Finland and others foreign countries. Of particular interest is the experience of France, where the dominant document is the Rules of the Road, consisting of 5 volumes, Rules of Content and Maintenance roads, departmental instruction on road signs and signals and the Criminal Code. in five volumes French Rules road traffic, which are divided into legislative and regulatory parts, contains a set of provisions governing all issues related to road traffic.

In Spain, a similar document is called "Basic Law on the movement of motor vehicles and on road safety .

In Germany, it acts separately, in addition to the basic law - "On Road Safety , - "Law on traffic violations , Code of Regulations on Road Traffic Licensing (it regulates issues related to the driver (driving licenses, the Central Bank of data on registered violations) and vehicles (ecological requirements, registration, approval. The system of traffic fines is set out in a rather voluminous Catalog of fines.

In the form of separate laws in Sweden, there are laws that regulate: serious violations of the Rules of the road (driving vehicles while intoxicated and driving without a driver's license); the procedure for training drivers and withdrawing driver's licenses; basic requirements for driving schools; fines for violation of parking rules; forced evacuation of vehicles; transportation of dangerous goods; fines for exceeding the maximum allowable weight.

Estonia has adopted laws for each type of transport (public, freight, etc.), as well as a road law. Separate laws also regulate: violations of the norms administrative law; transport insurance; responsibility of road owners or administrators and road users for the maintenance, operation and protection of roads, as well as the parking of vehicles.

Some countries have limited themselves to adopting only traffic rules. Moreover, they usually do not constitute a single legal act. The application rules are regulated separately. road markings, use of road signs, application of the Motor Vehicles Act (Austria); vehicle registration rules and related records, technical inspection, traffic light regulation, road marking, road construction, road crossing issues, procedure for permitting heavy vehicles and overall dimensions to traffic (Bulgaria), rules for registration of motor vehicles, their equipment, issuance driving licenses, driver training (separately for each category), it also contains sanctions against driving instructors); there is a separate act on road signs and signals (Denmark).

According to the Ministry of Foreign Affairs of Russia, in some countries, such as Azerbaijan, Italy, China, Turkey, Japan, traffic rules are part of traffic laws or adopted at the legislative level. In other countries. such as the UK, Hungary, Germany, India, Ireland, Indonesia, Latvia, Lithuania, Estonia, along with traffic laws, there are separate traffic rules.

Thus, based on the analysis of foreign experience and the disclosed content of the normative sources of the Russian Federation, the following conclusions can be drawn:

) many countries have abandoned the existence of disparate acts regulating road safety issues and have systematized legislation. Russian Federation relevant regulatory legal acts on the contrary, they are not systematized, their development is poorly coordinated. There are many contradictions and legal gaps in the existing regulatory legal acts in this area;

) the sphere of road traffic of the Russian Federation is regulated by regulatory legal acts relating to different branches of law, or different branches of legislation, which in some cases not only differ in approaches to regulating public relations, but also operate with different terminology;

) regulatory legal acts contain a large number of complex terms and legal constructions used in legislative, by-laws and departmental acts regulating the sphere of road traffic. Ensuring clarity and ease of understanding of the norms is a common rule-making task, but in the field of road traffic, the solution of such a task is especially important. Normative legal acts regulating relations in this area are intended for understanding and use by an unlimited number of persons, and not always having a legal education;

) the existing regulatory legal framework in the field of road traffic often does not correspond to the socio-economic relations existing in the country, does not comply with the constitutional principles of the division of powers and jurisdiction between state and, above all, executive authorities of the Russian Federation and the constituent entities of the Russian Federation, between state authorities and bodies local government;

) in many cases, the rights and freedoms of road users, other persons involved in the organization and functioning of the road traffic sector, are limited by various kinds of by-laws and sectoral regulatory legal acts that regulate public relations in this area. This violates the provision of part 3 of article 55 of the Constitution of the Russian Federation that the rights and freedoms of a citizen can only be limited by federal law only to the extent necessary to protect, in particular, the health, rights and legitimate interests of others.

Chapter 2. Problems of application of legislation in the field of road safety

2.1 Practice of application of legislative regulation in the field of road traffic

There is a constant conflict between public authorities and society in the field of road safety, the reasons for this are the unsatisfactory emergency condition of the roads, their insufficient technical equipment; low efficiency of preventive and preventive measures carried out by traffic police officers. However, against the background of obvious reasons, there are other invisible ones, which can only be eliminated by the joint efforts of scientists, practitioners and law-making bodies. Such reasons include insufficient regulation by law of certain issues of relations between the authorities and society, or vice versa, an excessive concentration of legal norms that give rise to legal conflicts in law enforcement practice.

In practical terms, the problem remains unresolved regarding the implementation of the evacuation of vehicles of individuals and legal entities that have violated the rules for stopping or parking vehicles. According to Article 12.19 of the Code of Administrative Offenses of the Russian Federation, violation of the rules for stopping or parking vehicles on the roadway, which entailed the creation of obstacles to the movement of other vehicles, as well as stopping or parking a vehicle in a tunnel, is punishable by a fine. The problem lies in the fact that in the duality of this composition of an administrative offense. According to the researcher Deryug A.N., on the one hand, the norm is aimed at protecting road users from blocking the passage of vehicles standing on the road, reducing the threat of an emergency during forced maneuvering, sometimes associated with driving into the oncoming traffic lane. On the other hand, with the problem of the actual implementation of this norm and the practice of its application by traffic police officers.

Thus, law enforcement agencies have a question about how to deal with the vehicle in case of detection of such a violation. With a real threat to road safety, in accordance with Article 27.13 of the Code of Administrative Offenses of the Russian Federation, it is effective to remove the car from the roadway. However, the beginning of the problem was laid by the previously existing contradiction between the note to Article 12.19 and Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation, which provided, respectively, a ban and the possibility of restricting the right to use the vehicle in case of violation of the above rules, while such restrictions were interpreted differently . The note to Article 12.19 contained a ban on the action related to the evacuation of the vehicle, and Part 1 of Article 27.13 established the right to action related to the detention of the car. The problem was also that the norms of the Code lacked an interpretation of the concepts of "evacuation of a vehicle" and "detention of a vehicle", which led to conflict relations between law enforcement agencies and owners vehicles. However adopted by the Government RF Rules for the detention of a vehicle, placing it in a parking lot, storage, as well as the prohibition of operation did not resolve the problem (hereinafter referred to as the Rules), defining the detention of a vehicle (clause 2), since an expanded interpretation of administrative coercive measures in accordance with the meaning of part 3 Article 55 of the Constitution of the Russian Federation is possible only on the basis of the law.

In an effort to reduce tension in the relations under consideration, the legislator introduced amendments to the Code of Administrative Offenses of the Russian Federation in 2007. The note to Article 12.19 has become invalid, and Part 1 of Article 27.13 has been amended, providing for an expanded interpretation of the detention of the vehicle.

The relevance of the above problem was confirmed by several appeals of citizens to the Supreme Court of the Russian Federation and its Cassation Board. The decisions of these instances are key.

Analyzing the decision of the Court, it is clear that the Supreme Court of the Russian Federation, having considered the case at the request of K.A. A. on contesting paragraphs 13 and 14 of the Rules, due to inconsistency with the note to Article 12.19 of the Code of Administrative Offenses of the Russian Federation, refused the applicant to satisfy his requirements. The reason for the refusal was the official conclusion of the Supreme Court of the Russian Federation that the effect of the note is applicable to parts 1 - 3 of article 12.19 of the Code of Administrative Offenses of the Russian Federation, in fact, it means that standing under a prohibition sign (part 1), or in a parking lot intended for disabled cars ( part 2), or on the sidewalk (part 3) the car is not subject to evacuation, unlike a car that is legally standing, but creating an obstacle for the passage of other vehicles.

Transferring this provision to practice, it is clear that such a conclusion can lead to the fact that a legally standing vehicle in a place familiar to evacuation, which does not create obstacles (at a given time of day or day of the week) for the passage of vehicles, will be evacuated. On the contrary, a vehicle parked in the area of ​​a stop or stop sign or on the sidewalk will remain in place, continuing to interfere with buses, other vehicles or pedestrians.

Undoubtedly, with the loss of force of the note to Article 12.19 of the Code of Administrative Offenses of the Russian Federation, the severity of the issue has somewhat decreased, however, its expanded presentation by the Supreme Court of the Russian Federation does not give grounds to believe that the problem has been resolved. This is an additional explanation of the selectivity of the action of the Note, which did not apply to part 4 of this article. Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation (i.e., federal law) provides for the detention of a vehicle in case of violation of the rules for operating and (or) driving a vehicle in cases provided for in Part 4 of Article 12.19.

It should be noted the incorrect operation of the law, dividing the car owners-violators into those left without a vehicle, and those who retained their vehicles. The problem is currently exacerbated by the indifferent attitude of the majority of traffic police officers, who do not distinguish which part of Article 12.19 of the Code of Administrative Offenses of the Russian Federation is violated by applying evacuation for any violation of stopping or parking a vehicle. Most often, this legal error concerns the composition of an administrative offense under part 3 of article 12.19.

A good example is the Order of the head of the Internal Affairs Directorate of the Khabarovsk Territory, which establishes that the evacuation of vehicles is applied in the event of an offense under parts 3 and 4 of article 12.19 (clause 1.2). It should be noted that when analyzing protocols on administrative offenses drawn up on the territory of Khabarovsk on the basis of the offense under part 4 of article 12.19 of the Code of Administrative Offenses of the Russian Federation, it was found that there was no description of the traffic situation, which is tied to the creation of a real obstacle to the passage of other vehicles.

Thus, this state of affairs will only get worse in the future, since with the abolition of the note to Article 12.19 of the Code of Administrative Offenses of the Russian Federation, the acuteness of the issue of restricting rights in this area is removed.

From this it follows that the evacuation of a vehicle is a restriction of the owner's right to use and dispose of property. The return of full ownership rights arises under the law by virtue of Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation with the elimination of the reasons for the detention of the vehicle. The reason for the detention of the vehicle is connected with the absence of its owner, who is not able to get acquainted with the protocol on an administrative offense committed under Part 4 of Article 12.19.

Partially, the above state of affairs is explained by the decision of the Supreme Court of the Russian Federation, according to which the detention of a vehicle on the basis of Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation passes into the stage of retention, and this means not administrative, but civil law relations. This conclusion is made by the researcher Deryuga A.N. on the basis of an analysis of the norm of Article 906 of the Civil Code of the Russian Federation, which provides for the possibility of the operation of Chapter 47 of the Civil Code of the Russian Federation, which regulates relations related to the provision of services for the storage of things as a result of the storage obligation arising by virtue of the law, unless other rules are established by them. The latter follows from the meaning of part 5 of article 27.13 of the Code of Administrative Offenses of the Russian Federation, which provides for the regulation of the procedure for the detention of a vehicle, its return, payment of expenses for its storage, as well as the prohibition of its operation in the manner established by the Government of the Russian Federation.

Thus, it is unclear whether the owner of the vehicle, before entering into the above relations, must obtain permission in writing (paragraph 8 of the Rules), the court decision is not explained. Moreover, in practice, clause 8 of the Rules is used by authorized traffic police officials as a way to force the perpetrator to pay an administrative fine. There is a clear violation of part 3 of article 55 of the Constitution of the Russian Federation, since the rights and freedoms of a person and a citizen can be limited only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state. Obviously, prohibiting the owner from using his vehicle after evacuation without appropriate payments does not fall within the above goals. Moreover, even if this were the case, then by virtue of Part 3 of Article 55 of the Constitution of the Russian Federation, this would be regulated not by by-laws, but by law.

It is necessary to note the reason for the previously valid note to Article 12.19 of the Code of Administrative Offenses of the Russian Federation. This was the response of the federal legislative power to the actions of some state authorities of the constituent entities of the Federation and local self-government, which adopted regulations allowing road authorities and traffic police units to use blocking means, remove state registration plates and forcibly evacuate vehicles in case of violation of parking rules or stopping vehicles. funds for special parking, which did not comply with federal law. However, this does not prevent even after the approval of the regional rules to understand certain provisions of the Rules in their own way.

On the territory of the Khabarovsk Territory, on the basis of the third paragraph of clause 6 of the Rules, the amount of payment for the transportation and storage of a vehicle in a specialized parking lot is established. According to paragraph 9 of the Rules, this amount consists of two types of payments, but in addition to transportation and storage of the vehicle, additional view services - "storage". Thus, it can be assumed that this is a payment for uncoupling a vehicle being towed from a tow truck at a specialized parking lot.

Gr.N. S.A. appealed to the Supreme Court of the Russian Federation for the recognition of paragraphs 6 and 9 of the Rules as invalid, referring to the fact that they contradict Articles 3.2, 24.7, 27.13 of the Code of Administrative Offenses of the Russian Federation and paragraph 3 of Article 2 of the Civil Code of the Russian Federation. The applicant argued that the Code of Administrative Offenses of the Russian Federation does not provide for such a type of punishment as the collection of payment for the transportation of a detained vehicle (Article 3.2 of the Code of Administrative Offenses of the Russian Federation). The transportation itself is a measure to ensure the proceedings in a case of an administrative offense (clause 7, part 1, article 27.1 of the Code of Administrative Offenses of the Russian Federation), and therefore should be considered the corresponding costs (Article 24.7 of the Code of Administrative Offenses of the Russian Federation). Moreover, to property relations based on administrative or other power subordination of one party to the other, including tax and other financial and administrative relations, civil law does not apply, unless otherwise provided by law (clause 3, article 2 of the Civil Code of the Russian Federation).

The Supreme Court of the Russian Federation did not agree with the applicant's arguments about the illegality of the Rules in terms of the obligation to pay the costs associated with moving the vehicle to a specialized parking lot and its storage, citing the following reasons. Article 906 of the Civil Code of the Russian Federation provides that the rules of Chapter 47 apply to storage obligations arising by virtue of law, unless other rules are established by law. According to part 5 of article 27.13 of the Code of Administrative Offenses of the Russian Federation, a detained vehicle can be parked and transferred to storage. From paragraph 3 of article 2 of the Civil Code of the Russian Federation it follows that in cases provided for by law, civil law can be applied to administrative legal relations. Consequently, when a detained vehicle is placed in the parking lot and stored, storage obligations arise by virtue of law, which are subject to the rules of Chapter 47 of the Civil Code of the Russian Federation. In accordance with Articles 896 - 898 of the Civil Code of the Russian Federation, the bailor is obliged to pay remuneration to the bailee for the storage of the thing, as well as to reimburse him for the costs of its storage. Under such circumstances, the contested provisions of clause 6 of the Rules, which provide for the collection of fees for the transportation and storage of a detained vehicle, do not contradict the above articles of the Civil Code of the Russian Federation.

Both subjects - the applicant and the judicial authorities - are unanimous in their opinion that the evacuation of the vehicle is a measure to ensure the proceedings in the case of an administrative offense. However, the applicant's position is aimed at steadfast adherence to the text of the law, without taking into account its broad content (through Part 5 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation). The judiciary, on the contrary, defends the need for an extended logical interpretation of the meaning of the law. The latter option is more complex, requires a systematic approach, knowledge of not only the specific text of the law, but also its principles, the connection of various institutions of law, sometimes opposite in the methods of legal regulation, a coherent and uniform presentation of the idea of ​​a solution.

The measure of ensuring the proceedings in a case of an administrative offense is understood as the use of administrative coercion in order to suppress an administrative offense, identify the offender, draw up a protocol on an administrative offense if it is impossible to draw it up at the place of detection of an administrative offense, ensure timely and correct consideration of the case and execution of the decision adopted in the case. (part 1 of article 27.1 of the Code of Administrative Offenses of the Russian Federation). The objectives of the detention of the vehicle, the prohibition of its operation in the event of an administrative offense under Part 4 of Article 12.19 are:

suppression of an administrative offense, since the vehicle creates an obstacle for the passage of other vehicles;

drawing up a protocol on an administrative offense, since the owner of the vehicle is unknown;

ensuring timely and correct consideration of the case of an administrative offense, since the owner of the vehicle is involuntarily obliged to appear as soon as possible in the department for the enforcement of administrative legislation of the traffic police.

The last goal of interim measures - the execution of a decision - remains open: the traditional understanding of the execution of a decision through the execution of a punishment or release from it (Article 29.9 of the Code of Administrative Offenses of the Russian Federation) in the case of an administrative offense under Part 4 of Article 12.19 is hardly applicable. The authorized official, having made sure that the reason for the detention of the vehicle has been eliminated, gives permission (in writing) for the issuance of the detained vehicle, placed in a specialized parking lot in accordance with paragraph 8 of the Rules. In practice, this happens after the transfer of a receipt for the payment of a fine. Since the person brought to administrative responsibility has the right to appeal against the decision on punishment (Article 30.3 of the Code of Administrative Offenses of the Russian Federation), the time for its consideration is directly dependent on when the owner of the vehicle can use it and how much you have to pay for the storage service . Enforcement of the decision taken as the goal of measures to ensure proceedings in an administrative offense case is applicable to more traditional property, such as fishing or hunting equipment or items, the free circulation of which is prohibited.

The Supreme Court of the Russian Federation in its decision indicated that the cost of evacuation is part of the payment for the storage of the vehicle. At first glance, this conclusion is logical, but upon closer analysis, certain provisions of the conclusions drawn are unconvincing. Thus, referring to Articles 896 - 898 of the Civil Code of the Russian Federation, the judicial authority correctly determined the obligation of the bailor to pay the bailee remuneration for the storage of the thing, as well as to reimburse the costs of its storage. However, on what grounds the fact of evacuation of the vehicle is included in the costs associated with the storage of things, the court did not explain. According to the judicial authority, the placement of the vehicle in the parking lot and its storage are not named among the security measures. These actions are carried out after the application of such measures on the basis of Part 5 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation. Relations related to the placement of a vehicle in the parking lot and its storage arise on the basis of the above norm of the law, but are outside the scope of administrative legislation. By virtue of Article 906 of the Civil Code of the Russian Federation, they are subject to the rules of Chapter 47 of the Code, which regulates the obligations of storage, responsibility for their non-fulfillment.

However, the judiciary never explains how the recovery of a vehicle (as opposed to parking and subsequent storage) is made dependent on contractual terms of storage. If we follow the logic of the court decision, the rules of Chapter 40 of the Civil Code of the Russian Federation governing relations in the field of transportation are more suitable for evacuation in terms of civil relations.

According to the meaning of the court decision, the purpose of the evacuation of the vehicle is not to stop the offense, but to place the car in the parking lot for its subsequent storage. In some regions, they do.

Vehicles for evacuation located on the territory of the city of Khabarovsk are on the balance sheet of the ACS of the Internal Affairs Directorate of the Khabarovsk Territory. They are driven by full-time traffic police drivers, accompanied by officials who have the right to draw up protocols on administrative offenses and on the detention of vehicles.

By definition of the Cassation Collegium of the Supreme Court of the Russian Federation, the bailor is not a traffic police official who, in order to ensure the safe and uninterrupted movement of vehicles, has eliminated the offense, but a person whose thing has been placed in storage by virtue of law, namely the driver (owner, his representative), regardless on the type of right to the vehicle transferred for storage. However, in the conclusion of the court, when determining the purpose of the actions of traffic police officials, an important component of the basis for subsequent legal relations, including civil law ones, was missed. This is the identification of the offender, drawing up a protocol if it is impossible to draw it up on the spot, identifying an administrative offense and ensuring timely and correct consideration of the relevant case (part 1 of article 27.1 of the Code of Administrative Offenses of the Russian Federation), as well as determining the second side of the storage agreement - the bailor. Detention of a vehicle in a specialized parking lot - effective method to achieve an administrative-jurisdictional result.

According to the court ruling, evacuation costs do not arise as a result of the application of security measures (detention, prohibition of operation), but as a result of placing the vehicle in the parking lot and its subsequent storage, i.e. in the field of civil law. The Court refutes the opinion that the costs of them should be considered costs in the case of an administrative offense.

The costs of the case of an administrative offense consist of the amounts spent on storage, transportation (shipment) and examination of material evidence (clause 2, part 1, article 24.7 of the Code of Administrative Offenses of the Russian Federation). Material evidence is the instruments or subjects of an administrative offense (part 1 of article 26.6), on the basis of which the judge, body, official in charge of the case establishes the presence or absence of an event of an administrative offense, the guilt of a person, as well as other circumstances, relevant to correct resolution affairs. The vehicle as a tool for committing an administrative offense fits perfectly into these requirements. It can be assumed that the evacuation falls under Article 24.7, otherwise the opposite calls into question the appropriateness of clause 8 of the Rules, which establishes the authority of the traffic police official to give permission (in writing) to issue a detained vehicle, having first made sure that the reasons for the detention have been eliminated.

The decision of the judicial authority is also based on the fact that in the storage agreement the bailor is the owner of the vehicle, and not the state body on whose initiative the agreement is concluded. Indeed, the parties to the storage agreement are the bailor and the custodian. However, the bailor can be any natural or legal person, including not necessarily the owner of the property, as well as an authorized person. The last one, by virtue of part 3 of article 27.13 of the Code of Administrative Offenses of the Russian Federation and paragraph three of clause 2 of the Rules, is an authorized official:

─ this is fully consistent with the meaning of part 2 of article 24.7 of the Code of Administrative Offenses of the Russian Federation;

─ there are no contradictions with the provision of Article 421 of the Civil Code of the Russian Federation, which establishes the freedom to conclude a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by the Code, laws or voluntarily assumed obligations. Decrees of the Government of the Russian Federation are not included in the circle of such legal acts;

─ recognizing the independence of actions for the application of security measures (detention, prohibition of operation) and the result of placing the vehicle in the parking lot and its subsequent storage, it becomes obvious that the situation of the car owner is hopeless when he is automatically recognized as the bailor, regardless of the result of the administrative-jurisdictional decision upon the fact of consideration cases of an administrative offense under Part 4 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation (for example, due to car theft);

─ judicial practice is familiar with the recognition of a state body that is not an owner, a bailor.

The Presidium of the Supreme Arbitration Court of the Russian Federation proved the following facts. Federal Law No. 119-FZ of July 21, 1997 "On Enforcement Proceedings" determined the conditions and procedure for the enforcement of judicial acts, as well as acts of other bodies. As established by the courts, the arrest and seizure of debtors' property were carried out as part of enforcement proceedings. The seized property was transferred for storage to the company represented by its authorized representative on the basis of a cooperation agreement, which included the provision of services for the storage of seized property. The bailiff service was the bailiff. Losses caused to the bailor by the loss, shortage or damage of things are compensated by the bailee in accordance with Article 393 of the Civil Code of the Russian Federation, unless otherwise provided by law or the storage agreement. The custodian under the agreement is the company, which must reimburse the value of the lost property under the claim filed by the bailor on the basis of this agreement.

The decisions of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on the issue of determining the bailor coincide: both of them protect the interests of state bodies. Unfortunately, the interests of a person and a citizen in certain legal relations are protected by law enforcement agencies to the extent that this does not contradict the interests of the state, and the changes made to the Code of Administrative Offenses of the Russian Federation in 2007 confirm this once again. The text of Article 2 of the Constitution of the Russian Federation looks declarative, according to which a person, his rights and freedoms are the highest value; recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.

Nevertheless, the court's decision cannot be called incorrect, because the law regulates relations in the field of forced evacuation of vehicles ambiguously. Streamlining relations on the evacuation of vehicles due to the commission of an administrative offense to a greater extent depends on the settlement of this issue federal law.

Thus, based on the analysis, it is possible to draw the following conclusions:

Firstly, for the legal organization of the activities of the traffic police for the evacuation of vehicles on the basis of Article 12.19 of the Code of Administrative Offenses of the Russian Federation, the following regulatory legal acts must be applied:

) Code of Administrative Offenses of the Russian Federation (Article 27.13);

) Rules for the detention of a vehicle, its placement in a parking lot, storage, as well as the prohibition of operation;

) Order of the Ministry of Internal Affairs of Russia of March 19, 2004 N 187 "On the implementation of the Decree of the Government of the Russian Federation of December 18, 2003 N 759";

) Regional regulation that determines the tariffs for the transportation and storage of detained vehicles;

) Standard contract storage of vehicles at a specialized parking lot and their issuance, concluded by the regional ATC and the organization involved in the storage of vehicles.

Secondly, the Rules for evacuation on the basis of a violation of the composition of an administrative offense under Article 12.19 of the Code of Administrative Offenses of the Russian Federation are applicable only in relation to its part 4. When evacuating a vehicle in relation to other elements of administrative offenses in accordance with Chapter 12, the following circumstances should be taken into account:

) if the traffic police officer, when checking the car, found technical malfunctions that are incompatible with the safe movement of the technical means, the evacuation of the vehicle is mandatory;

) if in the course of preventive activities alcohol intoxication of the driver is detected, the vehicle is evacuated only if it is impossible for the latter to promptly transfer the right to drive his vehicle to an authorized person. Similarly, the situation is solved if the driver of the detained vehicle does not have a driver's license, vehicle passport. In this case, it is necessary to provide the citizen with the opportunity, without leaving the place of detention, to receive these documents.

2.2 The practice of holding state and municipal authorities accountable for violation of legislation in the field of road safety

According to paragraph 2 of Article 12 of the Federal Law "On Road Safety", the obligation to ensure that the condition of the roads after repair and during operation complies with the established rules, standards, technical norms and other regulatory documents rests with the executive authority in charge of the roads.

After analyzing the practice of holding state and municipal bodies accountable for violation of legislation in the field of road safety, we can conclude that the following problems remain unresolved to date:

) the state of the legislation and the practice of its application indicates a serious imbalance of private and public interests in the legal regulation of road traffic;

) the problem of determining the responsibility of persons who have an advantage on the road over other road users when causing harm as a result of an accident;

) determination of responsible persons for non-compliance with the requirements of the legislation on road safety and violation of the rules for the maintenance and operation of roads.

Accidents on the road occur not only due to the fault of road users, but also due to the poor condition of roads. A large proportion of roads are the property of the state or the respective municipalities, which are obliged to maintain them in proper condition. However, traffic police officers in the documents in case of an accident are limited only to determining the driver's fault.

In accordance with the Basic Provisions on the admission of vehicles to operation and the duties of officials to ensure road safety, officials and other persons responsible for the condition of roads, road structures must keep them in a safe condition for movement in accordance with the requirements of standards, norms and rules. According to statistics, in the regions of the Russian Federation, roads are worn out by 60-70%, which, in turn, even if a threat to life and health is detected in a timely manner, will not allow the driver to adequately calculate the stopping distance. The wear of the roadway reduces the grip properties of the road with the vehicle and increases the braking distance.

Technical support for the proper operation of the highway is carried out by road organizations. At the same time, they can transfer part of their functions to third-party organizations that provide services for technical operation and carry out repair and construction work on the relevant sections of the highway.

The main legal norms indicating the need for responsibility of road organizations are Article 12, Clause 2, Article 11 of the Federal Law "On Road Safety", and Clauses 1.4, 1.5, 1.9 of the Rules for Accounting and Analyzing Road Accidents on the Russian Roads Federation. On the territory of Russia, the state standards previously adopted in the prescribed manner also apply. In particular, in cases of holding a road organization liable for inadequate road quality, the provisions of GOST R 52289-2004 (on the rules for installing road signs, fences) and GOST R 50597-93 ( general rules operation of highways.

The lack of necessary road signs is also cause of the accident. Judicial practice has developed in such a way that the road organization, or executive authorities that have violated the relevant requirements of GOST R 52289-2004, should be recognized as the guilty person.

However, it should be noted that ice is not a force majeure event, because. usually not an unavoidable event. Thus, in the case of correct fixation, documentation of the overall picture of the accident, it is the road organization that will be responsible for the improper condition of the road, unless it proves that another person is guilty of such a state of the road.

In accordance with paragraph 1 of Article 12 of the Federal Law "On Road Safety", the repair and maintenance of roads on the territory of the Russian Federation must ensure road safety. However, during repair work and/or as a result of repair work, the condition of the road may not meet the requirements of state standards.

There is also an acute problem of relations between road users who call privileges on the road while driving. So, according to clause 3.1 of the SDA, all cars with special light and sound signals turned on may actually not comply with the requirements of traffic rules. The above deviations from traffic rules provided for cars with special signals. However, it should be noted that the legislator introduced a reservation: in order to gain an advantage over other road users, drivers of cars with special signals turned on can deviate from the requirements of traffic rules “subject to ensuring traffic safety”; "they can take advantage by making sure they are given way." However, the rule of law does not contain sanctions for its non-compliance, which deprives it of the qualities of a legal norm.

Clause 3.1 of the SDA corresponds to the obligation of all drivers to give way to vehicles with special signals on to ensure their unimpeded passage (clause 3.2 of the Rules). For failure to fulfill this obligation, drivers may be held administratively liable under Article 12.17 of the Code of Administrative Offenses of the Russian Federation. In addition, the culpability in an accident, of course, will entail the obligation to compensate for harm.

In order to ensure traffic safety on the roads, certain state authorities, when moving various convoys and escorts, accompanied by cars with special signals, have the authority to take measures, if necessary, to temporarily restrict and prohibit the movement of vehicles, towing vehicles.

When escorting, the escort squad must take all necessary measures to prevent accidents involving escorted vehicles and to ensure priority movement of escorted vehicles (subject to established restrictions) along the routes.

The Law "On Road Safety" in part 3 of Article 22 indicates that "changes in the organization of the movement of vehicles and pedestrians in urgent cases in the event of a real threat to road safety should be carried out only by authorized officials of the internal affairs bodies of the Russian Federation or officials persons of road and communal services with subsequent notification of the internal affairs bodies of the Russian Federation. However, such powers are possessed not only by the traffic police of the Ministry of Internal Affairs of Russia, but also by the federal state security bodies in accordance with Article 15 of the Law "On State Protection", as well as the Federal Security Service of the Russian Federation in accordance with Article 13 of the Law "On the Federal Security Service".

Thus, in the system of norms that provide cars with special signals with advantages in road traffic, safety is not put at the forefront, which is primarily evidenced by the absence of sanctions in the relevant legal norms, as well as the results of the study and analysis by the traffic police of the causes and conditions of the increasing number accidents involving such vehicles, i.e. ignoring the problem by the traffic police. Practice shows that it is not easy for drivers of ordinary vehicles who have become participants in such accidents to protect their rights, including property rights.

For example, the well-known accident that occurred in August 2005, in which the governor of the Altai Territory M. Evdokimov died. During the investigation, the department of the Prosecutor General's Office of the Russian Federation in the Siberian District established that the driver of the Toyota car, O. Shcherbinsky, did not give way to the car of the governor of the Altai Territory, which was equipped with a flashing beacon and therefore had priority on the road. Despite the fact that the governor's car was moving at a speed of about 150 km / h and actually drove into the oncoming traffic lane, the court found citizen Shcherbinsky guilty of traffic violations which resulted in the death of three people and sentenced to four years in prison. And only after mass protests organized by movements in defense of the rights of motorists, the case was reviewed, and the verdict of the court was canceled.

There is no doubt that cars should have some advantages in road traffic. operational services when they perform the main socially important tasks assigned to them by law. No social groups in society with their own private interests will dispute the granting of such rights to emergency medical institutions, law enforcement agencies or organizations of the Ministry of Emergency Situations. Although such rights are due precisely to the public interest.

The goal of balancing private and public interests stems from the social purpose law, which consists in establishing an order that ensures the balance of various interests in society and, thus, the stability of social relations. Ensuring a balance of interests in law primarily depends on effective lawmaking, which should be considered as the activity of the relevant authorities not to create (invent) legal norms that are pleasing to the state, but solely to discover them (in the process of learning and assessing the legal needs of society and the state) and formalize into laws and other regulations.

An incorrect assessment, an erroneous understanding of interests and the state of their balance create additional tension in the state and society. In addition, public entities can and should, like private entities, be liable for breaches of their duties. An analysis of the nature and degree of responsibility of private and public entities makes it possible to judge the level of correlation of interests at which their balance is achieved.

The violation of the balance of private and public interests in the legal regulation of road traffic, of course, is evidenced by the circumstances that state bodies with the right to deviate from the requirements of traffic rules are not responsible for failure to ensure traffic safety, and drivers of cars of various state bodies (except for operational services) often tend to abuse these rights. Thus, it is reasonable to assume that the legislator should revise the rules of law that allow any cars equipped with special signals, regardless of traffic intensity, to deviate from traffic rules that require drivers to comply with the speed limit, as well as prohibiting driving into lanes intended for oncoming traffic.

However, these measures will only improve road safety. The situation is more complicated with ensuring the responsibility of public entities: in addition to private and public interests, there are quasi-public interests, i.e. private interests of a certain social group which can be called bureaucracy. The top link of the bureaucracy and the leadership of the power structures is the most powerful political force in Russia, which cannot but be an influential social force. That is why often the quasi-public interest in the legislation is disguised as a public interest.

In fact, this interest consists in strengthening the power of officials, based on the ability to decide at their own discretion various questions, the expansion of the bureaucracy, the increase in privileges for officials, the formation of the closeness of officials from public control.

Thus, based on the analysis, we can draw the following conclusions:

) at present, there is an urgent need to strengthen control over compliance with the maintenance of the state of the road infrastructure and tighten sanctions against persons and bodies that violate the requirements of the law. To a greater extent, increased control concerns road services;

) in the event of an accident, traffic police officers must objectively take into account the traffic situation in which the accident occurred, if necessary, check for compliance with the signs of an administrative offense on the basis of Article 12.34 of the Code of Administrative Offenses of the Russian Federation, for violation of the rules for the repair and maintenance of roads, railway crossings or other road structures. In case of confirmation, hold the road organization liable;

) despite the fact that, in accordance with clause 10.1 of the Rules of the Road, the driver must drive the vehicle at a speed not exceeding the established limit, taking into account road and meteorological conditions, given fact is not a basis for the release of the responsible body in the presence of facts of non-compliance by it with the regulatory requirements for ensuring road safety;

) in case of evacuation of the vehicle from accident scene by a tow truck, which are on the balance sheet of the regional ATC, payment for the evacuation of the vehicle cannot be made. This conclusion follows from the meaning of the norms of subparagraphs 2.2.2 and 2.2.3 of Appendix No. 3 to the Order of the Ministry of Internal Affairs of Russia "On the implementation of Decree of the Government of the Russian Federation of December 18, 2003 N 759", as well as decisions of the Supreme Court of the Russian Federation.

Chapter 3. Supervision and control over the execution of laws in the administrative activities of the traffic police of the Ministry of Internal Affairs of Russia

3.1 Analysis of violations of the execution of laws in the administrative activities of the traffic police of the Ministry of Internal Affairs of Russia

In developed countries, the level of road traffic injuries is lower than in Russia. An important requirement for ensuring safe movement on the road infrastructure is compliance with the requirements of laws and administrative legislation when bringing to justice those who violate the rules of the road, and as a result endanger themselves and society, since the vehicle is a source of increased danger. A special role in monitoring the traffic situation is assigned to the bodies of the State Road Safety Inspectorate (State Automobile Inspectorate) of the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the STSI or GAI).

The study of this issue will go through an analysis of the results of inspections conducted by the Prosecutor's Office in the Russian Federation, since the findings are a direct indication of problems in law enforcement practice and specific reasons for non-compliance with the requirements of the law.

Currently, violations of the implementation of laws in the administrative activities of the traffic police of the Ministry of Internal Affairs of Russia are:

) despite the continuous growth of traffic accidents, including those with death and injury of people, the number of detected and suppressed administrative offenses is decreasing;

) violations of the requirements of the law when bringing citizens to administrative responsibility, including the preparation of protocols and the consideration of cases of administrative offenses, are widespread;

) Numerous violations were revealed when minors were brought to administrative responsibility for violations of the Rules of the Road (not reaching the age of bringing to administrative responsibility, drawing up reports on parents who were subsequently brought to administrative responsibility, etc.);

) acts of the administration of regional authorities on road safety and the activities of local traffic police often do not comply with federal legislation.

In their activities, the Main Department of the Traffic Police of the Ministry of Internal Affairs of Russia and its subordinate bodies and divisions are guided by the Constitution of the Russian Federation, the Federal Law "On Road Safety", the Federal Law "On Police", other federal laws, as well as the Code of Administrative Offenses of the Russian Federation, decrees of the President of the Russian Federation , in particular, the Decree "On additional measures to ensure road safety", which approved the Regulations on the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of the Ministry of Internal Affairs of Russia.

Currently, the prosecution authorities are actively responding to violations of traffic safety legislation. On their initiative, officials (mayors, heads of cities and administrations) are brought to administrative responsibility. For example, in 8 administrative proceedings initiated by the prosecutor's office of the city of Yakutsk under Article 12.34 of the Code of Administrative Offenses of the Russian Federation (violation of the rules for the repair and maintenance of roads, railway crossings or other road structures), the court found the administration of the city district guilty and imposed a fine on total amount 160 thousand rubles.

Experts predict a gradual change in the situation on the roads in a positive direction, including in connection with the tightening of administrative responsibility for violation of the Rules of the road. Administrative arrest is widely used in many regions ( Krasnodar region, Chelyabinsk, Moscow region and etc.). Such a measure of punishment has a positive effect on the reduction of drunk driving.

At the same time, statistics show a slow decline in the number of road accidents. According to the Ministry of Internal Affairs of Russia, in the first half of 2008 more than 90.6 thousand of them were committed, which is 8.2% less than in the comparable period of 2007, more than 11.7 thousand people died in them (-10 %) and 111.5 thousand injured (-9.5%). 5.5 thousand drivers were in a state of intoxication (-17%). 9.4 thousand accidents (-9%) were committed with the participation of children. Despite the decrease in child mortality by 4.6%, 417 of them died and 9.7 thousand were injured (-8.7%). Less than 14.1% accidents were committed due to the fault of pedestrians (16.1 thousand).

The problem that is currently important to reverse is the unfair performance of duties by officials in relation to ensuring safety on the roads of Russia. Since not in all cases the actions and decisions of bodies and officials authorized to consider cases of administrative offenses are given a proper legal assessment of offenses, and exhaustive response measures are not taken to eliminate existing violations.

A special problem is the massive nature of violation of the requirements of the law when bringing citizens to administrative responsibility, including: drawing up protocols and considering cases of administrative offenses by unauthorized persons; incorrect qualification of offenses; lack of mandatory details of protocols and resolutions; fuzzy filling of the content of the protocol; non-use of measures to ensure production (dismissal from driving, referral for a medical examination, etc.), violation of the procedure for applying these measures (conducting an examination with devices that do not meet the requirements of the law); consideration of cases of administrative offenses in violation of the deadlines, without the participation of the perpetrators; the imposition of punishment in amounts exceeding or underestimating the sanctions established by the relevant articles of the Code of Administrative Offenses; failure to explain the terms and procedure for appealing decisions taken and others. Incompleteness and insufficiency of the collected evidence in cases of administrative offenses in the field of traffic, the lack of motivation for the decisions taken are noted everywhere.

Only in the traffic police of the Kholm-Zhirkovsky District Department of Internal Affairs of the Smolensk Region, about 200 decisions on cases of administrative offenses were identified, drawn up with deviations from the above requirements. In the Ust-Kansky district of Primorsky Krai, traffic police officers sent protocols on administrative offenses (over 90) within 5 to 70 days (instead of 24 hours), as a result of which judges in a number of cases stopped proceedings on cases of administrative offenses in the field of traffic for expiration of the statute of limitations.

An acute problem is the situation in which traffic police officers violate the provisions of Article 24.4 of the Code of Administrative Offenses of the Russian Federation, which establishes the procedure for resolving petitions. Often, when drawing up a protocol on an administrative offense, citizens make petitions for the consideration of a case on an administrative offense at their place of residence, which are recorded in the protocol. However, such petitions are ignored, cases are considered at the place of the offense, while decisions in the form prescribed by law in the form of a ruling on the refusal to satisfy the stated petition are not issued, which is a violation of the rights of the person in respect of whom the proceedings are being conducted under Article 25.1 of the Administrative Code of the Russian Federation about an administrative offence.

An equally important problem is non-compliance with the requirements of the Code of Administrative Offenses of the Russian Federation when applying measures to ensure proceedings in cases of administrative offenses in the field of traffic. In violation of Part 5 of Article 27.10 of the Code, there are no records in the protocols on administrative offenses about the withdrawal of a driver's license, although the decision on the case of an administrative offense records the fact of its return. At the same time, driver's licenses are also confiscated in cases where, as a punishment for committing an administrative offense, deprivation of the right to drive a vehicle is not provided, which violates part 3 of article 27.10 of the Code of Administrative Offenses. In a number of places, vehicles were detained without witnesses, which violated the norms of Article 25.7 and Article 27.13 of the Code.

Also, a significant problem is that, contrary to the requirements of Article 27.12 of the Code of Administrative Offenses of the Russian Federation, when drivers are removed from driving, no protocols are drawn up about this. The norm of this article on the removal from driving of persons in respect of whom there are sufficient grounds to believe that they are in a state of intoxication, as well as when committing offenses under Part 1 of Article 12.3, Part 2 of Article 12.5 , parts 1 and 2 of article 12.7 of the Code.

In some cases, when persons were removed from driving and sent for a medical examination, the relevant protocols were not drawn up at all. According to Part 7 of Article 27.12 of the Code of Administrative Offenses, an act of medical examination for the state of intoxication is attached to the protocol on referral for examination, which is often not done.

The traffic police officials authorized to consider cases of administrative offenses in the field of road traffic did not always apply the measures provided by law to ensure the proceedings on cases, in particular, the rulings on bringing violators (Article 27.15 of the Code of Administrative Offenses of the Russian Federation) brought to administrative responsibility, in many cases really were not fulfilled.

Prosecutor's checks revealed numerous violations when bringing minors to administrative responsibility for violations of the Rules of the Road (not reaching the age of bringing to administrative responsibility, drawing up reports on parents who were subsequently brought to administrative responsibility, etc.).

Thus, in violation of Article 23.3 of the Code of Administrative Offenses of the Russian Federation, protocols on administrative offenses of minors were often drawn up by unauthorized officials. The commissions on affairs of minors and the protection of their rights considered such protocols and made illegal decisions on bringing minors to administrative responsibility.

In many of the considered cases of administrative offenses against minors, contrary to the requirements of Article 25.3 of the Code of Administrative Offenses of the Russian Federation, there was no information about legal representatives, in connection with which they were deprived of the opportunity to protect the rights and legitimate interests of children, and also did not bear any obligations in relation to the represented persons. The traffic police authorities often did not raise the issue of allowing legal representatives to participate in the case, as provided for in Part 5 of Article 25.3 of the Code of Administrative Offenses, which also did not allow parents to protect the rights and legitimate interests of their children.

An acute problem is the situation in which the traffic police do not comply with the requirements of Part 2 of Article 25.11 of the Code of Administrative Offenses of the Russian Federation to notify the prosecutor of the place and time of consideration of cases of administrative offenses committed by minors.

The provisions of articles 30.2 and 30.3 of the Code of Administrative Offenses of the Russian Federation are violated, which determine the procedure and terms for appealing decisions on cases of administrative offenses, which should be explained to everyone interested parties. Inspections revealed dozens of resolutions on cases of administrative offenses, in which there were no signatures of persons brought to administrative responsibility, on explaining to them the procedure and terms for appealing against the decisions taken.

When bringing persons to administrative responsibility, the traffic police authorities allow violations of the requirements of administrative legislation, which entail a reasonable satisfaction of complaints by the court for such reasons as the consideration of cases of an administrative offense in the absence of a person brought to administrative responsibility, when there was no information about his timely notification, about the place and time of consideration of the case; lack of evidence of guilt or lack of corpus delicti; expiration of the terms of bringing to administrative responsibility; lack of explanation of the person against whom the proceedings are being conducted; incompleteness of the study of the circumstances of the offense; violation of the procedure for consideration of a case on an administrative offense, etc.

So, in case No. 12-215 / 09, the Novosibirsk traffic police officers examined the driver for the presence of alcohol intoxication. The examination was carried out in violation of the requirements of the law. For the test, unsuitable breathalyzer tubes were used, explanations to the protocol were dictated to the person brought to administrative responsibility. The court did not satisfy the request to call attesting witnesses as witnesses in the case and found the person guilty, substantiating the decision - with the consent of the person against whom the administrative offense case was initiated (Appendix No. 1). In turn, the representative filed a complaint against the decision of the justice of the peace (Appendix No. 2), however, the court of second instance left the decision of the justice of the peace unchanged, substantiating the decision with the right that the person should have used in case of disagreement with the results of the on-site examination (Appendix No. 3) .

A separate problem is the issue of holding prosecutors accountable when they commit administrative offenses in the field of traffic. Thus, the head of the Central Internal Affairs Directorate of the Novosibirsk Region issued an Instruction "Algorithm for the actions of employees of the internal affairs bodies in detecting administrative offenses committed by employees of the prosecutor's office," which ordered traffic police officers to "strictly" draw up reports on prosecutors who violated traffic rules. The instructions stated that "those who have committed an administrative offense are equal before the law" and "are subject to liability regardless of their official position." The head of the Central Internal Affairs Directorate made exceptions in the Instruction only for senators, deputies State Duma RF and judges.

However, the Code of the Russian Federation on Administrative Offenses establishes a special procedure for bringing deputies, judges, prosecutors and other persons to administrative responsibility for committing any offenses provided for in it (and not just senators, deputies of the State Duma of the Russian Federation and judges, as was written in the Instructions of the head of the Central Internal Affairs Directorate). The special nature of the service relations of the supervisory authority (the prosecutor's office) and the supervised object (GIBDD) necessitates additional guarantees for the objectivity of establishing the very event of an administrative offense and the guilt of an official.

Proclaiming in Part 1 Article 1.4 of the Code of Administrative Offenses of the Russian Federation the principle of equality before the law, the legislator provided in Part 2 Article 1.4 of the Code that special conditions for the application of measures to ensure proceedings in a case of an administrative offense and bringing to administrative responsibility officials who perform certain state functions(deputies, judges, prosecutors and other persons) are established by the Constitution of the Russian Federation and federal laws.

Part 5 of Article 129 of the Constitution of the Russian Federation establishes that the powers, organization and procedure for the activities of the prosecutor's office of the Russian Federation are determined by federal law. In accordance with Part 1 of Article 42 of the Federal Law "On the Prosecutor's Office of the Russian Federation", which provides for the procedure for bringing prosecutors and investigators to criminal and administrative responsibility, any verification of a report about the fact of an offense committed by a prosecutor or investigator, initiation of a criminal case against them (with the exception of when a prosecutor or investigator is caught committing a crime), investigations are the exclusive competence of the prosecution authorities.

According to Part 2 of Article 42 of the same Law, it is not allowed to detain, bring, personal search of the prosecutor and investigator, search of their belongings and transport used by them, except when it is provided for by federal law to ensure the safety of other persons, as well as detention when committing crimes.

Thus, the head of the Central Internal Affairs Directorate ignored the provision of part 2 of article 1.4 of the Code of Administrative Offenses of the Russian Federation, which not only regulates the special conditions for applying measures to ensure proceedings in a case of an administrative offense and bringing to administrative responsibility officials performing certain state functions (deputies, prosecutor judges and other persons) established by the Constitution of the Russian Federation and federal laws, but is a norm that guarantees the constitutional principle of the independence of all branches of government, including the prosecutor's office of the Russian Federation, in order to prevent interference in the exercise of prosecutorial supervision.

The procedure for bringing the prosecutor and investigator to administrative responsibility is currently regulated by Article 42 of the Federal Law "On the Prosecutor's Office of the Russian Federation" and Order of the Prosecutor General of the Russian Federation dated April 18, 2008 N 70 "On Conducting Inspections (Official Investigations) in Respect of Prosecutor's Employees of the Prosecutor's Office Bodies and Institutions Russian Federation" (previously Order No. 46 of 07/29/2002 was in force).

As for the specific actions of the traffic police officers who draw up a protocol, sending a person suspected of an administrative offense for a medical examination, they mean the beginning of an inspection, which, in accordance with Article 42 of the Federal Law "On the Prosecutor's Office of the Russian Federation", belongs to the exclusive competence of the prosecutor's office and goes beyond scope of authority of the traffic police.

At the request of the Prosecutor of the Novosibirsk Region, in the interests of an indefinite circle of persons, to invalidate the above-mentioned "Algorithm for the actions of employees of the internal affairs bodies in identifying administrative offenses committed by employees of the prosecutor's office", the First Deputy Prosecutor General of the Russian Federation submitted a submission to the Supreme Court of the Russian Federation on the revision of the court decisions held in the case . By decision of a judge of the Supreme Court of the Russian Federation, the case was referred for consideration to the Presidium of the Novosibirsk regional court, by the Decree of which it was satisfied on 30.05.2008.

Thus, the following conclusions can be drawn:

) improving the quality of work on compiling the fixation of the grounds for bringing to administrative responsibility is possible only if proper control is exercised over the level of qualifications of employees carrying out bringing to administrative responsibility;

) the inevitability of punishment for those who committed administrative offenses in accordance with the numerous facts of making mistakes in determining the degree of guilt, it is necessary to transfer to the introduction of technical means of fixing the facts of unlawful actions of vehicle drivers with their prompt transfer to the nearest stationary traffic police station for registration of the protocol.

3.2 Analysis of trends in the prevention of child road traffic injuries in the Russian Federation

Child road traffic injuries are one of the most urgent problems of modern Russian society. In 2008, there were 23,851 road traffic accidents in the Russian Federation involving children under 16 years of age. specific gravity injury occurs during the holidays.

There is a direct link between the increase in the number of child road traffic injuries and ineffective prevention activities carried out with children, which for the most part consist in the simple transmission of information about road traffic behavior. It seems that, first of all, it is necessary to begin to form practical skills safe behavior on the streets and roads, taking into account the age and psychophysical characteristics of each child. The information received about the rules of the road should become the conscious beliefs of the little citizens of Russia.

The main preventive measures aimed at preventing child road traffic injuries are complex activities carried out in close cooperation by employees of the State traffic inspectorate, district police officers, employees of departments for the prevention of juvenile delinquency, health authorities, education authorities, public organizations and other interested local and federal authorities.

Currently, there is a problem of the effective development of the legal consciousness of society, in which the main subject of prevention is the employees of the State traffic inspectorate. The main directions for the prevention of child road traffic injuries are enshrined in the Manual on organizing the activities of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of Russia to promote road safety, and priority measures are reflected in the Federal Target Program "Improving Road Safety in 2006 - 2012", which consist in: creation of federal experimental centers "Children's autocity"; construction of children's car parks and organization of basic educational and methodological centers on their basis; equipped with modern technical means, equipment and educational material educational institutions; production of retroreflective devices and their distribution among preschoolers and primary school students.

In addition to the main and priority preventive measures prescribed in regulatory and legal acts, it is necessary to constantly develop, introduce and implement innovative methods aimed at solving the problems of child road traffic injuries. In a number of regions of Russia, certain successes have been achieved in the development and improvement of the work of the traffic police departments of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation in propaganda to resolve a number of problems in the area under consideration.

Thus, in order to coordinate activities and avoid double interpretation of the legislation by propaganda inspectors in work with representatives of general educational institutions, the Department of the Traffic Police and the Ministry of Internal Affairs of the Republic of Tatarstan, together with the Ministry of Education and Science, developed an Instruction "On organizing and conducting inspections and control checks of the activities of educational authorities to prevent child traffic - transport injuries and teaching children traffic rules in secondary schools, preschool institutions and institutions additional education". The Instruction regulates in detail the methodology for organizing inspection and its conduct (includes general information about educational institution, analysis of the quality of studying the basics of road safety, the level and quality of assimilation of educational material), as well as evaluation criteria and performance indicators of educational institutions.

To improve the quality of teaching the basics of safe behavior on the roads and streets and to match knowledge with modern realities, the traffic police of the Ministry of Internal Affairs of the Republic of Tatarstan developed and replicated video lessons "The street is full of surprises" for children of preschool and primary school age, a video version of the textbook "The ABC of road science" with thematic workbooks .

As noted earlier, the state of child road traffic injuries depends on the ongoing preventive work, the main focus of which is an in-depth analysis of the causes and conditions that contribute to the commission of road traffic accidents involving children. To this end, the Department of Internal Affairs Lipetsk region the Instruction and an additional card for registering road accidents, as a result of which children and adolescents under the age of 16 were killed or injured, and information on measures taken in the event of incidents, were put into effect. The card is intended for fixing additional information and information specific to incidents involving children, which are not collected by the main accident record card. An additional record card allows you to comprehensively expand information about the state of child road traffic injuries, as it also contains information about measures taken on the fact of the incident.

The continuity of the process of learning the rules of the road and the interdepartmental approach to the problem of safety allows us to more effectively address issues in the field of road safety. So, more than 10 years on the territory of the Rostov region, starting from preschool institutions training in traffic rules takes place within the framework of the "Traffic Light Adventures" program developed by the traffic police of the Central Internal Affairs Directorate of the Rostov Region together with the Ministry of General and vocational education Rostov Region, the All-Russian Society of Motorists of the Rostov Region, the Ministry of Health and Culture of the Rostov Region. The program contains non-standard forms promotion of traffic rules: for students primary school a competition of staged fairy tales is held, safe movement routes are worked out together with parents; students high school competitions, KVN, lessons-tests are offered; high school students are involved in brain-rings, KVN, poster competition, preparation of essays.

An interdepartmental approach to the problem of prevention of child road traffic injuries is also used in the Tomsk region. At the initiative of the State traffic inspectorate, with the support of educational authorities and the Palace of Youth Creativity, a specialized camp for young traffic inspectors operates in Tomsk. The tasks of the camp are: improving the health of children, organizing general cultural and sports events; consolidation and improvement of knowledge of traffic rules; mastering the technical skills of maintenance, repair and driving of the simplest vehicles (bicycle, moped, karting); self-expression and self-realization. The main task facing the members of the UID detachment is campaign trips to children's recreation centers, i.e. performance of the propaganda team, holding the "Safe Wheel" competition, organizing competitions, exhibitions, quizzes. In the specialized camp, joint events were organized for young inspectors with traffic police officers, in particular, patrolling in the city, familiarization with the rules for stopping a vehicle and reconciling numbered units.

Deserves attention and experience UGIBDD ATC Kursk region, on the initiative of which the children's mini-theater "Toy" was formed. The task of the theater is to promote and teach children the rules of the road, and the goal is to educate children in safe behavior skills on the streets and roads. Despite the fact that the theater consists of three people (artistic director, screenwriter and artist), he visited all areas of the Kursk region and received various awards more than once. During the period from 1997 to 2005, over 500 theatrical performances were given (of which more than 50 were charitable) in preschool and educational institutions, children's hospitals, boarding schools, in which small spectators were involved in a playful way.

The leadership of the UGIBDD of the Internal Affairs Directorate of the Chita Region organized a rally along the roads of Transbaikalia, which took place in September 2004 and passed through the territory of 5 districts of the Chita Region and the Aginsky Buryat Autonomous Okrug. The purpose of the run is to promote the rules of the road, the safe behavior of children and adolescents on the streets and roads of the region and reduce the accident rate. During the rally, quizzes, competitions, concerts and theatrical performances were held, thematic lectures were read, and speeches by a narcologist were organized. The entire rally was widely covered in the media, and a film was created as a result of the event, which is used as visual material in propaganda work.

Implementation campaign launched in the country federal program set big tasks for the traffic police departments, especially with regard to the "road education" of children, their safety on the roads.

Thus, the following conclusions can be drawn, the state of child road traffic injuries primarily depends on the preventive work carried out by the employees of the State traffic inspectorate, which will be effective only when solving a number of problems:

) imperfection of the legislative base (positively recommended provisions of the normative acts of the constituent entities of the Russian Federation are not regulated by federal legislation and are optional, the lack of a prepared base for the implementation of certain provisions of the legislation);

- insufficient funding for project implementation at the local level;

) low headcount traffic police departments, lack of special knowledge and skills among employees (pedagogical and psychological education);

) lack of contacts and interaction between the subjects of the Russian Federation on the exchange of experience and information in solving problems, ignoring positively tested decisions made in the area under consideration;

) poorly coordinated interaction between health authorities, education departments, internal affairs bodies and the Ministry of Emergency Situations;

) the system of continuity of the educational process for teaching the basics of road safety is not sufficiently developed, starting from preschool institutions and ending with institutions of additional education;

) insufficient scientific, methodological and informational and analytical support for the activities of the traffic police.

The introduction of the existing positive regional experience in the prevention of child road traffic injuries not only in the activities of the traffic police, but also in the educational, health and other bodies of various ministries and departments, as well as the solution of a number of existing problems facing the whole society, will reduce the incidence of child injuries on the roads of Russia.

Conclusion

After conducting a study of theoretical and practical problems related to ensuring safety in the field of road traffic in the Russian Federation, it is possible to draw conclusions on the following grounds:

Proposals regarding the improvement of the legislation of the Russian Federation regulating issues in the field of road safety:

1) A comprehensive analysis of sources in the field of road safety showed the urgent need to consolidate the existing regulatory framework of the Russian Federation through the development and adoption of a unified code of traffic rules in the Russian Federation. Currently, the Ministry of Internal Affairs of the Russian Federation has developed a set of rules that more clearly regulate the relationship of traffic police officers (GAI) with all road users, which indicates a trend towards codification;

) before the adoption of the Road Traffic Code, it is proposed to make the following changes to the current regulations:

a) in the Land Code of the Russian Federation, to determine the details of the legal status of lands included in the concept of "right of way", the mandatory allocation of land for the organization of parking and parking of vehicles;

b) in the Town Planning Code of the Russian Federation, establish requirements for the mandatory inclusion in the general plans for the development of cities and other settlements of issues related to the organization of traffic;

c) to add to the Federal Law "On Railway Transport in the Russian Federation" additional regulation of the issues of ensuring road safety in the organization of traffic at railway crossings;

d) to introduce into the Law of the Russian Federation "On Education" the improvement of the legal regulation of the system for training candidates for drivers, the organizational and methodological aspects of this activity, the introduction of a course of knowledge of the basics of the Rules of the Road into school curricula, etc.;

e) to the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" to improve the mechanisms of economic incentives for accident-free operation of vehicles;

f) when carrying out any repair work, strengthen regulatory requirements GOST on information notification of drivers approaching this section, as well as increase the sanction for non-compliance with these requirements.

Thus, by introducing the proposed changes to the relevant federal laws, the necessary legal basis will be created for a radical increase in the efficiency of public administration in the field of road safety and, accordingly, a decrease in the level of road traffic accidents.

2. Proposals related to improving the efficiency of traffic management by the traffic police and improving the quality of detection of administrative offenses:

) in order to increase the efficiency of the system of organs, it is also proposed to create a separate organization of the system of medical provision of road safety, in which purposeful training of drivers of vehicles was carried out, teaching the population the basics of road safety;

) to improve the quality of fixing the facts of an offense, it is proposed to introduce a new protocol of a new type and introduce a sanction for dishonest filling of documents by officials. In the new sample protocol, it is proposed to introduce columns that are broader in terms of information content, providing for separate notes on the withdrawal of a driver's license, on persons acting as witnesses, their address, place of residence, contact information;

) in order to eliminate professional errors by officials, it is advisable to raise the requirements for candidates who control traffic.

Suggestions to prevent and reduce road traffic injuries:

) regulatory legal acts contain a large number of complex terms and legal structures used in legislative, by-laws and departmental acts regulating the sphere of road traffic. Ensuring that norms are clear and easy to understand is a common rule-making task. Therefore, it is proposed to make the regulatory legal acts regulating relations in this area as concise and clear as possible, since they are intended to be understood and used by an unlimited number of persons who, to a greater extent, do not always have a legal education;

) in order to increase the level of legal culture of vehicle drivers and assimilate the norms of behavior on the roads, it is necessary to switch to new standards and an approach to law enforcement control using intelligent systems that notify the driver of an offense he has committed, while not bringing him to administrative responsibility. As an example, measuring the speed of an approaching vehicle in front of a dangerous stretch of road. And highlighting the speed on the electronic scoreboard with the requirement to reduce it to the permissible one in case of speeding. Good practice exists, Novosibirsk region, Ob;

3) it is proposed to implement the positive experience of the UK, where there is a system that can monitor compliance with parking rules in urban areas. If one of the sensors of the system detects a car parked in the wrong place, it automatically transmits a message about this to the police;

4) in order to increase the level of vehicle safety, it is proposed to introduce requirements for auto manufacturers to develop programs to ensure increased vehicle visibility on the roads; improvement of structures, equipment and systems of the vehicle.

So today it is known that in foreign practice, in the basic configuration of cars, vehicles are equipped with the Brake Assist emergency braking system, which helps to develop maximum braking force in a critical situation, while the system is combined with the car's navigation system.

The system is activated when the driver abruptly depresses the brake pedal after the navigation system gives a visual (on the display) and audible warning signal that a mandatory stop sign is approaching. The navigation system is capable of giving warning signals when approaching stop signs stored in its database. The system adjusts the braking force according to the position of the vehicle (detected by the rear camera) and the force with which the driver depresses the brake pedal. Technology that helps reduce the number of collisions at intersections (Appendix #4)

Within the framework of foreign national programs, it is planned to significantly improve road safety in the future through the following measures:

(a) Development of even safer vehicles and technologies based on the concept of an integrated safety system;

b) participation in the development of safe road infrastructure;

c) activities aimed at teaching people the rules road safety, which should significantly reduce the number of road accidents and deaths on the roads.

) in order to reduce the risk of traffic and create a safe road environment, it is proposed to introduce a more stringent rule regarding the provision of priority to public transport; use of innovations in urban planning and land use;

) in order to form legal education and reduce child injuries, create "Children's Motor City" centers on the territory of federal districts, build children's motor towns and organize basic educational and methodological centers on their basis; equipping educational institutions with modern technical means, equipment and educational material; production of retroreflective devices and their distribution among preschoolers and primary school students.

Thus, the study of theoretical and practical problems in the field of road safety is not meaningless, since each norm set forth in its final form and its implementation is a necessity, the price of which is announced in the annual statistical reports on road traffic accidents and their victims. Absolutely everyone is a road user, society is developing, and social relations are developing. The study carried out during implementation will contribute to a successful decision on the organization and implementation of traffic, as well as prevent the number of road accidents throughout the country.

List of sources used

Normative legal acts.

Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ // Russian newspaper. - 2004. - December 30.

Land Code of the Russian Federation of October 25, 2001 N 136-FZ (as amended on March 14, 2009) // Rossiyskaya Gazeta. - 2001. - October 30.

Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ (as amended on February 09, 2009) // Collection of Legislation of the Russian Federation. - 2002. - N 1 (part 1). - Article 1.

Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (ed. December 30, 2008) // Vedomosti SND and RF Armed Forces. - 1993. - August 19. - N 33. - Art. 1318.

Federal Law of the Russian Federation of July 10, 1992 N 3266-1 (as amended on February 13, 2009) "On Education" // Rossiyskaya Gazeta. - 1996. - January 23.

Federal Law of December 10, 1995 N 196-FZ "On Road Safety" (as amended on December 30, 2008) // Rossiyskaya Gazeta. - 1995. - December 26.

Federal Law No. 128-FZ of August 8, 2001 "On Licensing Certain Types of Activities", ed. December 30, 2008) // Collection of Legislation of the Russian Federation. - 2001. - August 13. - N 33 (part I). - Art. 3430.

Federal Law of April 25, 2002 N 40-FZ (as amended on December 30, 2008, as amended on February 28, 2009) "On Compulsory Civil Liability Insurance of Vehicle Owners" (adopted by the State Duma of the Federal Assembly of the Russian Federation on April 3, 2002) (as amended and add., effective from 01.03.2009) // Rossiyskaya Gazeta. - 2002. - May 7.

Federal Law of January 10, 2003 N 17-FZ (as amended on December 30, 2008) "On Rail transport in the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 24, 2002) // Rossiyskaya gazeta. - 2003. - January 18.

Decree of the President of the Russian Federation of June 15, 1998 N 711 "On additional measures to ensure road safety" (as amended on July 03, 2008) // Rossiyskaya Gazeta. - 1998. - June 23.

Decree of the President of the Russian Federation of September 22, 2006 N 1042 "On priority measures to ensure road safety" // Collected Legislation of the Russian Federation. - 2006. - September 25. - N 39. - Art. 4040.

Decree of the Government of the Russian Federation of October 23, 1993 N 1090 "On the Rules of the Road" (together with the "Basic Provisions for the Admission of Vehicles to Operation and the Obligations of Officials to Ensure Road Safety") (as amended on January 27, 2009) // Collection of Acts President and Government of the Russian Federation. - 1993. - November 22. - N 47. - Art. 4531.

Decree of the Government of the Russian Federation of April 25, 1995 N 414 "On the reorganization of specialized installation and maintenance units of the State Automobile Inspectorate of the Internal Affairs Bodies" // Collected Legislation of the Russian Federation. - 1995. - May 1. - N 18. - Art. 1677.

Decree of the Government of the Russian Federation of June 29, 1995 N 647 "On Approval of the Rules for Accounting for Road Accidents" (as amended on February 14, 2009) // Rossiyskaya Gazeta. - 1995. - July 13.

Decree of the Government of the Russian Federation of August 3, 1996 N 922 "On improving the safety of long-distance and international transportation of passengers and goods by road" // Rossiyskaya Gazeta. - 1996. - August 14.

Decree of the Government of the Russian Federation of December 4, 1998 N 1441 (as amended of February 02, 2000) "On approval of the Rules for state accounting of indicators of the state of road safety in terms of the length, technical condition of the roads of the Russian Federation and the presence of service facilities on them, in terms of the number of trams and trolleybuses" // Collection of legislation of the Russian Federation. - 1998. - December 14. - N 50. - Art. 6159.

Decree of the Government of the Russian Federation of October 19, 2004 N 567 "On the coordination of the activities of executive authorities in the field of road safety" // Collected Legislation of the Russian Federation. - 2004. - October 25. - N 43. - Art. 4225.

Decree of the Government of the Russian Federation of February 20, 2006 N 100. (as amended on February 14, 2009) "On the federal target program "Improving road safety in 2006 - 2012" // Collection of legislation of the Russian Federation. - 2006. - February 27. - N 9. - art. 1020.

Decree of the Government of the Russian Federation of March 20, 2006 N 144 "On the temporary restriction of the movement of vehicles on federal highways" // Rossiyskaya Gazeta. - 2006. - March 29.

Decree of the Government of the Russian Federation of April 25, 2006 N 237 "On the Government Commission for Road Safety" (as amended on June 24, 2008) // Collection of Legislation of the Russian Federation. - 2005. - May 1. - N 18. - art. 2004.

Decree of the Government of the Russian Federation of July 14, 2006 N 431 "On conducting a state technical inspection of vehicles registered by military automobile inspectorates (automobile services)" (together with the "Rules for conducting a state technical inspection of vehicles registered by military automobile inspectorates (automobile services) of federal executive bodies authorities in which federal law provides military service") // Russian newspaper. - 2006. - July 22.

Decree of the Government of the Russian Federation of December 01, 2006 N 737 "On special light and sound signals" (as amended on July 15, 2008) // Rossiyskaya Gazeta. - 2006. - December 5.

Decree of the Government of the Russian Federation of August 30, 2007 N 548 "On approval of the requirements for vehicles of operational services used to carry out urgent actions to protect the life and health of citizens" // Collected Legislation of the Russian Federation. - 2007. - September 3. - N 36. - Art. 4387.

Decree of the Government of the Russian Federation of December 15, 2007 N 876 "On the preparation and admission of drivers to drive vehicles equipped with devices for supplying special light and sound signals"(Ed. of February 14, 2009) // Collection of Legislation of the Russian Federation. - 2007. - December 24. - N 52. - Art. 6460.

Decree of the Government of the Russian Federation of January 17, 2007 N 20 "On approval of the Regulations on the escort of vehicles by cars of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation and the Military Automobile Inspectorate" (as amended on February 14, 2009) // Rossiyskaya Gazeta. - 2007. - January 24.

Decree of the Government of the Russian Federation of March 20, 2008 N 186 "On the transfer to the ownership of the constituent entities of the Russian Federation of material and technical resources acquired at the expense of the federal budget within the framework of the federal target program "Improving road safety in 2006 - 2012" // Collection of legislation of the Russian Federation - 2008. - March 24. - N 12. - st.1145.

Decree of the Government of the Russian Federation of June 26, 2008 N 475 "On approval of the Rules for the examination of a person who drives a vehicle for alcohol intoxication and registration of its results, sending the specified person for a medical examination for intoxication, medical examination of this person for intoxication and registration of it results and rules for determining the presence of narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of a person who drives a vehicle" // Rossiyskaya Gazeta. - 2008. - July 2.

Order of the Ministry of Internal Affairs of the Russian Federation of April 20, 1999 N 297 (as amended on August 31, 2007) "On approval of the Manual on the work of the traffic police service of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation" (Registered in the Ministry of Justice of the Russian Federation on April 30, 1999 N 1771) / / Bulletin of normative acts of federal executive authorities. - 1999. - June 14.

Order of the Ministry of Health of the Russian Federation of July 14, 2003 N 308 (as amended on January 10, 2006, amended on October 09, 2008) "On a medical examination for intoxication" (Registered in the Ministry of Justice of the Russian Federation on July 21, 2003 N 4913) // Bulletin of normative acts of federal executive authorities. - 2003. - December 1.

Order of the Ministry of Internal Affairs of the Russian Federation of August 31, 2007 N 767 "Issues of organizing the escort of vehicles by patrol cars of the State traffic inspectorate" (together with the "Instructions for the implementation of escort of vehicles by patrol cars of the State traffic inspectorate") (Registered in the Ministry of Justice of the Russian Federation on October 19, 2007 N 10357) // Russian newspaper. - 2007. - November 3.

List of scientific literature and periodic materials.

Antonov S.N., Kuzin V.V., Levchenko A.L., Yakimov A.Yu. Legislation of the Russian Federation in the field of road safety (state and development prospects) // Administrative law and process. - 2007. - N 4.

Aindinov F.R., Zudin V.N., Tsygankov E.S. Motor transport psychology (the concept of active driver safety) // Legal psychology. - 2007 - N 4. - S.28 - 30.

Bakishev K.A. Prevention of motor transport crimes in the activities of the courts of the Republic of Kazakhstan // Russian judge. - 2008. - N 2. - S.39 - 41.

Balandin V.S. What should a military driver do if involved in a traffic accident? // Law in the Armed Forces. - 2006. - N 11. - S.48-50.

Barshev V. GAI will be built according to the regulations // Rossiyskaya Gazeta. - 2008. - May 13. - N 100 (4657). - S.5/

Bahrakh D.N., Rossinsky B.V., Starilov Yu.N. Administrative law: a textbook for universities. 2nd ed. - M.: Norma - 2005. - 799 p.

Bogdanov S.A. Art teaches children the rules of the road // Newsletter DOBDD of the Ministry of Internal Affairs of the Russian Federation. - 2005. - N 28. - S.38 - 40.

Butsevitsky V.P. On the issue of bringing to administrative responsibility drivers driving a vehicle in a state of intoxication // Magistrate. - 2007. - N 1. - S.14-18.

Gainullina A.V. Features of the interaction of employees of the traffic police traffic police with road users // Legal Psychology. - 2006. - N 4. - S.35-39.

Gainulina A.V. Smirnov V.N. Psychological problems professional activity traffic police officers // Administrative law and process. - 2008. - N 6. - S.18-21.

Gushchin V.V. On the evacuation of vehicles // Laws of Russia: experience, analysis, practice. - 2007. - N 11. - S. 19 - 26.

Grivkov O.D., Shichanin A.V. What to do with marginals in houses and on the roads? // Advocate. - 2007. - N 8. - S.64 - 74.

Davydova G.E. For road safety // Information Bulletin of the DOBDD of the Ministry of Internal Affairs of the Russian Federation. - 2005. - N 29. - S.61 - 67.

Deryuga A.N. Forced evacuation of a vehicle: conflict between authorities and society // Modern law. - 2007. - N 11. - S.60 - 65.

Ermakov F.Kh. A new approach to determining the technical feasibility of preventing accidents and the application of the presumption of innocence of the driver // Russian Justice. - 2008. - N 11. - S.68 - 69.

Ermakov F.Kh. Establishment of a direct causal relationship in an accident // Russian investigator. - 2008. - N 14.

Ermakov F.Kh. Problems of establishing a direct causal relationship in road traffic accidents // Russian justice. - 2008. - N 6. - p.60 - 62.

Ermakov F.Kh. Establishment of a direct causal relationship in an accident // Transport law. - 2008. - N 2. - S.2 - 6.

Zavidov B.D. Some issues of bringing to administrative responsibility, punishment and legal problems of strengthening this responsibility for offenses in the field of operation, use of vehicles and in the field of traffic in the light of the Federal Law of July 24, 2007 N 210-FZ "On Amending the Code of the Russian Federation on Administrative offenses" (legislative commentary) // Prepared for the ConsultantPlus system. - 2008.

Ivanov V.N., Sytnik V.N. Problems of development of the general theory of road traffic control // Proceedings of the First Scientific and Technical Conference of the CMEA member countries on problems of road safety. - Alma-Ata. - 1977. - 167 p.

Kashkina E.V. National Program for Road Safety // Administrative and municipal law. - 2008. - N.

Kashkina E.V. Federal law "On road safety" and problems of its implementation // Administrative and municipal law. - 2008.

Kashkina E.V. Positive trends in the prevention of children's road traffic injuries in the Russian Federation // Administrative and municipal law. - 2008. - N 5.

Kuzyakin Yu.P., Rossinsky B.V. Forensic examinations on cases related to road traffic accidents // Laws of Russia: experience, analysis, practice. - 2007. - N 11. - P. 47 - 55.

Klepik N.K., Komarov Yu.Ya., Potapov M.V. Influence of the selected parameters on the conclusions of the expert // Forensic expert. - 2007. - N 1. - S.12-14.

Likhov A.R. Peculiarities of legal regulation of road safety // History of State and Law. - 2008. - N 15. - P.6 - 7.

Machulskaya I.G. Legal regulation and organization of road traffic: foreign experience // Analytical Bulletin of the Federation Council of the Russian Federation. - 2006. - N 15. - S.10-13.

Matsuk A.M. The activities of the internal affairs bodies as a condition for the formation of the legal culture of the population (on the example of the activities of the traffic police - traffic police of the Republic of Komi) // History of State and Law. - 2008. - N 23. - S.11 - 14.

Mayorov V.I. The main contradiction of traffic // Transport law. - 2008. - N 3. - S.41 - 43.

Mayorov V.I. Systems approach to ensuring the safety of road users // Transport law. - 2008. - N 2. - S.10 - 11.

Nikishina S.Yu. Two similar crimes - two different sentences (the impact of the social situation on the process of proving guilt when hitting a person) // Transport law. - 2008. - N 2. - S.29 - 33.

Parakhin V.V. Questions of the analysis of children's road traffic injuries // Information Bulletin of the DOBDD of the Ministry of Internal Affairs of the Russian Federation. - 2006. - N 32. - S.36 - 43.

Rossinsky B.V. Novels in proceedings on cases of administrative offenses in the field of road traffic // Laws of Russia: experience, analysis, practice. - 2007. - N 11. - P.4 - 13.

Tregubova E.V. Administrative prohibitions in the licensing system // Administrative and municipal law. - 2008. - N 8.

Tishchenko A.G. On the responsibility of servicemen for driving while intoxicated // Law in the Armed Forces. - 2008. - N 6. - S.24 - 28.

Smorodina V.A. From the history of road safety propaganda // History of State and Law. - 2006. - N 12. - S. 19 - 20.

Frolov I.G., Arab-Ogly E.A., Arefieva G.S. and others. Introduction to Philosophy: A Textbook for Universities at 2 pm - M .: Infa-M. - 1990. - 252 p.

Khaliullin I.A. Diagnostics of the level of teaching children the rules of safe behavior on the streets and roads of the city in the Republic of Tatarstan // Information Bulletin of the DOBDD of the Ministry of Internal Affairs of the Russian Federation. - 2006.0 - N 35. - P.38.

Khachatryan E.G. Problems of development of scientific and methodological foundations of certain types of expert research on cases of road traffic accidents // Russian investigator. - 2008. - N 5.

Shakhrimanyan I.K. Road safety. - M.: 1970. - 336 p.

Yakubenko N.V. Safety policy and the essence of the anthropotechnical system of road traffic (social-legal and technical aspects). - Tyumen. - 2000. - 156 p.

Yakimov A.Yu. On the application by judges of courts of general jurisdiction of certain provisions of Chapter 12 of the Code of the Russian Federation on Administrative Offenses // Administrative Law and Process. - 2007. - N 1.

Thesis

Bakhaev, Anton Alexandrovich

Academic degree:

PhD in Law

Place of defense of the dissertation:

VAK specialty code:

Speciality:

Administrative law, financial law, information law

Number of pages:

CHAPTER I. GENERAL DESCRIPTION OF LEGAL REGULATION OF ROAD SAFETY

§ 1. The concept and content of road safety.

§ 2. Administrative legal framework regulation of relations in the field of road safety.

§ 3. Prospects for the development of the concept of road safety.

CHAPTER II. ADMINISTRATIVE RESPONSIBILITY FOR ROAD SAFETY

§ 1. Concept and features administrative responsibility in the field of road traffic in the Russian Federation.

§ 2. Administrative offenses in the field of traffic as the basis for administrative responsibility.

§ 3. Comparative legal characteristics of violations of traffic rules in the member countries of the Convention on mutual recognition and enforcement of decisions in cases of administrative traffic violations.

Introduction to the thesis (part of the abstract) On the topic "Administrative and legal regulation of road traffic: issues of safety and responsibility"

Relevance of the research topic. Ensuring road safety today rightfully belongs to the priorities of the Russian state, which are of national importance. The current situation with road safety, despite the measures taken in the state, continues to show a negative trend. About 220 thousand traffic accidents are registered annually in the Russian Federation, as a result of which, on average, about 30 thousand people die, 270 thousand receive various injuries. Only over the past 5 years in the Russian Federation, 172 thousand people have died in road traffic accidents, more than 1.2 million have been injured, which is commensurate with the population of a large regional center or the consequences of large-scale disasters and armed conflicts. From an economic point of view, material damage from accidents annually exceeds 2% of the gross domestic product, which in absolute terms amounts to hundreds of billions of rubles1.

A similar situation is developing on the roads around the world. Every year, more than 1.2 million people die in road traffic accidents worldwide, 20-50 million are injured, and the global damage is estimated at 518 billion US dollars. The current situation in this area is characterized as a global crisis. According to the forecasts of the World Health Organization, if the most decisive measures are not taken, road deaths could double by 2020, leaving behind only cardiovascular diseases and suicides in this terrible competition. Given the real danger of the situation on the roads, the extent of the harm caused to society as a whole, accidents can be attributed to the main threats of our time, and the situation

1 See: State traffic inspectorate Ministry of Internal Affairs of Russia. News review // Official Internet site of the Road Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia. URL: http://www.gibdd.ru/news/main/V20070328globalweek (date of access: 07/01/2008). in the field of road traffic - to the main issues of sustainable development of mankind1.

In order to radically change the situation on the roads in the Russian Federation, urgent measures of economic, organizational and legal impact have been taken. Recently, the Transport Strategy for the period up to 2030, the State Concept for Ensuring Transport Security in Russia3, the Federal Target Programs "Modernization of the Russian Transport System (2002-2010)"4, "Improving Road Safety in 2006-2012"5 and other program documents; in July 2008, the Convention on Mutual Recognition and Enforcement of Judgments in Cases of administrative violations of traffic rules of March 28, 19976

However, their implementation has not yet yielded tangible positive results and a significant change in the accident rate on the roads. In 2008, there were 218,322 road traffic accidents (6%) in the Russian Federation, 29,936 people died (1.8%), 270,883 (7%) were injured7. The level of infant mortality and traumatism remains high. With the participation of children

1 See: Russian newspaper. Press archive. January 23, 2009 Road safety goes international. (interview with Deputy Minister of the Russian Foreign Ministry A. Yakovenko. URL:

2 See: Decree of the Government of the Russian Federation dated November 22, 2008 No. 1734-r “On approval of the Transport Strategy of the Russian Federation for the period up to 2030”// Collected Legislation of the Russian Federation.— 2008.- No. 50.- Art. 5977.

4 See: Decree of the Government of the Russian Federation of December 5, 2001 No. 848 "On the Federal Target Program "Modernization of the Transport System of Russia (2002-2010)"// Collected Legislation of the Russian Federation.- 2001.-No. 51.-St . 4895.

5 See: Decree of the Government of the Russian Federation of February 20, 2006 No. 100 "On the Federal Target Program "Improving Road Safety in 2006-2012"" // Ibid. - 2009. - No. 9. - Art. 1020.

6 See: Federal Law of July 22, 2008 No. 134-F3 “On Ratification of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules” // Ros. newspaper. - 2008. - July 30.

7 See: State Traffic Inspectorate of the Ministry of Internal Affairs of Russia. News review. Accident statistics in the Russian Federation for 2008// Official Internet site of the traffic police of the Ministry of Internal Affairs of Russia. URL: http://www.gibdd.ru/news (date of access: 23.08.2008). There were about 22,000 road traffic accidents in which more than 1,000 children died and almost 23,000 suffered injuries of varying severity1.

The main factors causing a high accident rate continue to be: the growth of motorization of the population and the inconsistency of the existing road transport infrastructure with it, the improvement in the speed qualities of cars, the insufficient level of technical requirements to the safety of vehicles, low quality of training and discipline of road users, insufficient efficiency of the road safety system.

All this indicates the need to analyze the causes of accidents, find the most effective ways and methods to ensure road safety, take appropriate urgent measures and necessitate a comprehensive comprehensive theoretical understanding of the problems of state and legal support in the field of road safety.

Didn't receive widespread and study of theoretical and applied problems of ensuring road safety as an object of administrative and legal regulation. That is why, from a wide range of problems in the field of road safety, the issues of the content of the main categories, the conceptualization of road safety, the activities of state bodies, the criteria for their effectiveness, etc. were chosen for the study.

The foregoing confirms the relevance of the chosen topic of the dissertation research in theoretical and law enforcement aspects.

The degree of scientific development of the topic. The problem of ensuring road safety is complex and in nature, being on

1 See: State Traffic Inspectorate of the Ministry of Internal Affairs of Russia. News review. Accident statistics in the Russian Federation for 2008 11 Official Internet site of the Road Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia. URL: http://www.gibdd.ru/news (date of access: 23.08.2008). junction of legal, economic, sociological and other humanitarian and technical sciences. In jurisprudence, road safety issues are largely related to administrative law and are based on the theory of protection public order and security.

In this regard, the theoretical basis of the dissertation was the work of such state historians as S. A. Avakyan, V. A. Azarov, S. S. Alekseev,

A. P. Alekhin, K. S. Velsky, V. V. Bobkov, D. N. Bakhrakh, I. L. Bachilo,

V. A. Vlasov, I. I. Veremeenko, V. V. Gushchin, Yu. A. Demidov, E. V. Dodin, M. I. Eropkin, Yu. M. Kozlov, A. P. Korenev, V P. Kudryavtsev, N. F. Kuznetsova, L. V. Koval, A. P. Lonchakov, A. E. Lunev, V. P. Lobyakov, M. I. Nikulin, L. L. Popov, A A. Piontkovsky, V. G. Rosenfeld, L. M. Rozin, N. G. Salishcheva, I. S. Samoshchenko, Yu. Chernikov, O. M. Yakub and others.

The decisive influence on the formation of the methodological basis of the dissertation, the choice of approaches to the study of problems was exerted by the works of V. V. Ambartsumyan, M. B. Afanasiev, V. N. Buton, I. I. Veremeenko, V. V. Golovko, R. I. Denisov , A. S. Dugenets, V. I. Zhuleva , A. B. Zelentsova, V. N. Ivanova , L. N. Ignatova, G. I. Klinkovshtepna, V. V. Lukyanova P. Novoselova, A. V. Petrova, L. L. Popova, M. I. Popov, B. V. Rossiysky, M. S. Studenikina, G. A. Tumanova, R. O. Khalfina, V. N Khropanyuk, A. I. Khudyakov, I. K. Shakhrimanyan, etc. The works of these authors today are the basis of the theory of road safety, the initial basis for modern research in this area.

The following works are devoted to certain problems of ensuring road safety: V. V. Golovko, S. N. Dmitrieva, Yu. OA Ivanova, V. I. Zhuleva, considering the issues of administrative responsibility of road users. Among the dissertation research conducted recently, it should be noted the work on the qualifications and features of the consideration of cases of administrative offenses, encroaching on road safety, A. A. Gunicheva; on administrative supervision in the field of road safety - S. M. Zyryanova; on the system of ensuring road safety in Russia (historical and legal research) - A. S. Kvitchuk; on the organizational and legal support of management in the field of road safety, in Russian Federation-E. A. Novikov; on ensuring road safety by local governments - A. S. Pivovarov and other authors.

However, despite the extensive scientific material on the problem of ensuring the safety of road research, the research topic in the proposed perspective cannot be considered sufficiently developed. In domestic legal science, there are still no comprehensive studies devoted directly to the problems of modern administrative and legal regulation of road safety, which would take into account last changes legislation, international obligations of the Russian Federation in the field of road safety.

Constantly expanded meetings of state bodies on the problems of state and legal provision of road safety in general and issues of accident factors, the quality of driver training, and the effectiveness of measures taken administrative the impact and inevitability of punishment in particular, as well as the active discussion of road safety issues at scientific and practical conferences, seminars and round tables, the process of improving the current legislation indicate that interest in studying this problem is far from being exhausted.

The object of scientific research is social relations arising in the process of administrative and legal regulation of road safety.

The subject of the study are: theoretical and legal concepts, categories, principles underlying the essential and substantive characteristics of the road safety system: safety, traffic, road safety, conceptualization of road safety; state-legal means and factors of road safety in their functional relationship: administrative offenses in the field of traffic and enforcement measures for their commission in the Russian Federation and the countries-participants of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Offenses, organization of traffic.

The purpose and objectives of dissertation research. The purpose of the dissertation research is the theoretical understanding of the concept of road safety, the study of the state-legal and organizational foundations of the road safety system.

To achieve this goal, I set the following tasks: determining the essence and content of the concept " road safety”, including analysis foreign definitions; study of the procedure for the implementation of the road traffic process, its positive aspects and negative consequences, as well as safety criteria; study of the formation and development of the concept of road safety in the Russian Federation; development of a scientifically based concept and definition of features administrative responsibility in the field of traffic; identification of problems and trends in the development of modern legislation on administrative responsibility in this area; analysis of regulatory legal and organizational aspects of ensuring road safety in the Russian Federation; conducting a comparative legal analysis of administrative offenses of the member countries of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules;

Development of specific proposals for the development and improvement of the administrative and legal regulation of road safety.

Methodology and theoretical basis of the study. The methodological basis of the dissertation research is the fundamental laws, categories and concepts of philosophy, general scientific and particular scientific methods of cognition, including the method system analysis, normative-logical method, methods of comparative law and legal modeling. This study uses philosophical and special legal categories. The provisions and conclusions of the dissertation research are based on the analysis of the norms of the Constitution of the Russian Federation, acts international law and administrative legislation, departmental regulations of executive authorities, etc.

The theoretical basis of the study was the work of domestic and foreign legal scholars who study the issues of ensuring road safety. The provisions of the dissertation are correlated with doctrinal concepts and opinions of practitioners. The theoretical provisions of the dissertation are based on the existing practice of the activities of the bodies that ensure the road safety regime.

The empirical base of the dissertation research is built on legal sources, domestic and foreign practice, as well as statistical data. In addition, materials were used on the organization of road safety in the Chelyabinsk region, in particular, the Road Administration, the State Inspectorate for Road Safety and other industry structures to prevent road accidents and reduce the severity of their consequences, comprehensive targeted programs to improve road safety , as well as materials of scientific and practical seminars and conferences devoted to this issue.

The normative basis of the study was the Constitution of the Russian Federation, international legal acts, acts 1 [of the resident of the Russian Federation, the Government of the Russian Federation, federal executive authorities, authorities of the constituent entities of the Russian Federation and local governments that regulate relations in the field of road safety.

The scientific novelty of the dissertation research lies, first of all, in the relevance and insufficient study of the modern administrative and legal regulation of road safety. In this paper, based on the analysis of the theory of administrative law and the current legislation, an attempt is made to comprehensively study the content of the concept "", problems of conceptualization of road safety, scientific justification the concept of administrative responsibility in the field of road traffic and the definition of its features. In the study, for the first time, a comparative legal analysis of administrative offenses of the member countries of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Road Traffic Rules was carried out, specific proposals were formulated for improving administrative legislation in the field of road safety, aimed at increasing its effectiveness.

The main provisions for defense:

Despite the consolidation of the concept road safety in federal law, its definition continues to be debatable. Content Analysis Conducted in the Study this concept indicates that road safety is determined by:

The specifics of the public relations under consideration: the state and nature of the protection of public relations from the threat associated with the danger of traffic accidents and the harm caused as a result of them;

Independence of the object of protection, protection and ensuring the interests of road users carried out by the state; connection with the protection of the rights of citizens to life, health protection and safe working conditions.

2. A study of the current legislation in the Russian Federation in the field of road safety indicates the need for the development and adoption of the federal law "On the Fundamentals of the Legislation of the Russian Federation to ensure road safety." The purpose of this federal law should be to determine a strategy for the development of road traffic, to unite all the normative legal acts previously adopted in this area, which are fragmented, and to formulate the principles of ensuring road safety. In addition, the tasks of the federal law should be the establishment of specific powers, duties and responsibilities of state authorities and local governments, their officials, public associations and citizens in the field of road traffic.

3. Administrative responsibility for an offense in the field of road traffic - the responsibility of drivers of vehicles, other road users, as well as officials providing safe operation transport, roads and road structures, for violation of traffic rules, operation of transport and roads, expressed in the application of administrative penalties established by law to guilty persons by a court (judge), as well as authorized for that by officials of government bodies.

4. The state of accidents in the Russian Federation, its high level associated with non-compliance with the Rules of the Road, as well as the lack of effectiveness in this part of administrative penalties indicate the need to supplement the existing system of administrative penalties applied for violation of traffic rules with a new type - testing knowledge of the Rules of the Road.

The use of testing knowledge of the Rules of the Road as an administrative punishment will significantly complement the measures taken today to improve the quality of driver training. At the same time, the main goal is to improve the quality of training for existing drivers, the need for which may be associated with initially insufficient training and objectively changing legislation. The study substantiates the need for its application as the main and additional administrative punishment.

5. The definition of the legal status of road users by the Rules of the Road indicates the need to change the form of this normative act. Taking into account the requirements of the Constitution of the Russian Federation and the experience of implementing the Rules of the Road, the necessity of transforming the Rules of the Road into the form of a special federal law is substantiated.

6. A comparative legal analysis of traffic violations in the countries-participants of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Road Traffic Rules generally indicates the development of common approaches to the administrative and legal regulation of road traffic.

The administrative and legal regulation of the safety of road traffic in the Russian Federation in the context of the legislation of a number of foreign countries, as the study shows, has a number of significant shortcomings. In this regard, taking into account the experience of foreign countries and the requirements for the implementation of the Convention, the need to make the following changes to the Code of Administrative Offenses of the Russian Federation is justified: to supplement Art. 12.8 (driving a vehicle by a driver who is in a state of intoxication, transferring control of the vehicle to a person who is in a state of intoxication), art. 12.25 (failure to comply with the requirement to provide a vehicle), art. 12.26 (non-fulfillment by the driver of the requirement to pass a medical surveys to the state of intoxication) qualifying signs:

1) by time - repeated commission within a year after the expiration of the period during which the person is considered subjected to administrative punishment ;

3) according to the consequences - the creation of an emergency situation, causing mild or moderate harm to the health of the victim! about; expand the circle of persons for failure to comply with the requirement to stop the vehicle which establishes administrative responsibility, adding to Part 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation the words “police officer” with the words “or other persons who, in cases established by law, have been granted the right to stop the vehicle”; supplement the objective side of the offense under Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, expressed in failure to comply with the requirement of a police officer to pass examination, « refusal to pass”in the following wording: “The driver’s failure to comply with the lawful demand of a police officer, as well as refusal to undergo a medical examination for intoxication”; supplement the offenses under Art. 12.27 (failure to fulfill obligations in connection with a traffic accident) and art. 12.8 of the Code of Administrative Offenses of the Russian Federation (driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication) by such subjects of the offense as pedestrians and other road users! about movement; clarify the provisions on the timely submission of signals from the traffic controller, excluding the possibility of creating an emergency (Article 12.25 and the Rules of the Road).

7. The results of the analysis of the organization of activities to ensure road safety based on the consideration of the current legislation indicate a low security of implementation constitutional principles of protecting the rights and legitimate interests of citizens.

In this regard, it is proposed to introduce amendments and additions to the Code of Administrative Offenses of the Russian Federation in such areas as: working out the procedure for applying the procedure for imposing administrative fines, regulating the procedure for examining citizens for being in a state of alcohol and drug intoxication, improving legislation on enforcement penalties for traffic violations, etc.

The theoretical and practical significance is determined by the scientific conclusions formulated in the course of the work and proposals developed on their basis to improve the efficiency of the road safety system, improve the legislation governing the road transport process. The proposals and conclusions presented in the study can serve as a basis for further scientific development and solving problems related to road safety.

The results of the dissertation research can be used in law-making process and law enforcement and activities of state bodies involved in ensuring road safety, as well as in educational activities within such disciplines as administrative law, administrative activity, administrative jurisdiction, while reading special courses on the problems of road safety and, in general, the protection of the rights and freedoms of the individual.

Approbation of the research results. The dissertation was completed at the department constitutional and administrative law of the State educational institution higher professional education "South Ural State University”, where it was reviewed and discussed. The main provisions and conclusions of the work were presented at the meetings of the department and reflected in a number of publications in scientific journals, materials of scientific and practical conferences held in the cities of Yekaterinburg, Omsk, Ufa, Chelyabinsk, Moscow. The research materials were also used in educational process when conducting classes in the discipline " Administrative law».

Approbation of the results of the dissertation essay is confirmed by the study and generalization law-making and law enforcement practice of state bodies in the field of road safety and the introduction of the main results of the dissertation into the activities of the Department of Road Facilities of the Administration of the city of 11lyabinsk and the Committee for Construction, Housing and Communal Policy and Road Facilities Legislative Collections of the Chelyabinsk region.

Separate provisions and conclusions of the dissertation were reflected in the research work and the draft Law of the Chelyabinsk Region "On Amendments to the Law of the Chelyabinsk Oblast "On Administrative Offenses in the Chelyabinsk Region"", which in 2008 became the winner of the competition of the Legislative Assembly of the Chelyabinsk Region "Chelyabinsk Region" - This is Us" in the nomination "Best Bill".

The structure of the dissertation corresponds to the logic of the study and is determined by the goals and objectives of this study. The work consists of an introduction, two chapters, including six paragraphs, a conclusion, lists of references and abbreviations, applications.

Dissertation conclusion on the topic "Administrative law, financial law, information law", Bakhaev, Anton Alexandrovich

CONCLUSION

The work carried out within the framework of the topic of the dissertation research allows us to formulate a number of conclusions and proposals of interest to legal theory and practice. We believe that they are able to determine the main approaches to solving the problems of increasing the efficiency of state provision of road safety.

1. The concept of " road safety» is multidimensional and therefore difficult to define. Despite its definition, enshrined in federal law, its content continues to be debatable. The analysis of the content of this concept carried out in the study indicates that road safety is determined by:

The specifics of the public relations under consideration: the state and nature of the protection of public relations from the threat associated with the danger of traffic accidents and the harm caused as a result of them;

Independence of the object of protection, protection and ensuring the interests of road users carried out by the state;

Communication with the protection of the rights of citizens to life, health protection and safe working conditions.

2. Road traffic is a controlled process, where the state, as a subject of management, represents complex system government controlled. The complex nature of road safety as a legal phenomenon reflects a system of social relations, immunity which are provided by the state. The legal norms governing this system in order to ensure the safety of road users determine the objective possibility of applying various approaches to the disclosure and definition of traffic control, during which an ordering effect on the control object is carried out.

3. Theoretical understanding of some categories (for example, " administrative offense”, “traffic offense”, “transport crime”) requires a systematic update of approaches to the sources and prerequisites for the emergence of all types of threats to the life and health of citizens associated with road traffic accidents, as well as the need for priorities in ensuring road safety and forecasting problems in this area. It is necessary to resolve the issue of establishing guilt without "bifurcation", in full accordance with criminal law.

4. The current state of road safety indicates the need for a legislatively formulated concept of road safety, a strategy for its provision. The presence of repeatedly duplicating legal, and regulatory and technical requirements on security issues significantly complicate law enforcement function.

5. An essential feature of the state- management activities to ensure road safety is the mechanism for its implementation. The supreme legal force proclaimed by the Constitution of the Russian Federation and its direct effect, and, consequently, the norms contained in it on the right of the individual to security, protection and protection of his interests do not exclude the fact that their practical implementation is ensured largely by the norms of the industry ( administrative, civil law, criminal, etc.) legislation. In this sense, the institute for ensuring road safety is a multicomponent systemic entity.

6. A study of the current legislation of the Russian Federation in the field of road safety indicates the need for the development and adoption of the Federal Law "On the Fundamentals of the Legislation of the Russian Federation to ensure road safety." The purpose of this Federal Law should be to define a strategy for the development of road traffic, to unite all the normative legal acts previously adopted in this area, which are fragmented, and to formulate the principles of ensuring road safety. In addition, the task of the federal law should be to establish specific powers, duties and responsibilities of state authorities and local governments, their officials, public associations and citizens in the field of road traffic.

7. The state of accidents in the Russian Federation, its high level associated with non-compliance with the Rules of the Road, the quality of driver training indicate the need to supplement the existing system administrative punishments applied for violation of the rules of the road, a new type - a test of knowledge of the Rules of the road.

The vast majority of traffic accidents are committed due to violations of the Rules of the Road, namely: due to insufficient knowledge of them, and sometimes ignorance. The measures taken in the Russian Federation to ensure the quality of training mainly apply to future drivers, and leave out those who are already actively involved in road traffic as a driver. Insufficient knowledge of the Rules of the Road by drivers is associated, as a rule, with initially insufficient preparation, temporary termination of the use of the vehicle (non-application of knowledge) and objectively changing legislation. In this regard, the inspection of the Rules of the Road, applied as an administrative punishment, will cover this category of drivers. Therefore, the study substantiates the need for its use as the main and additional administrative punishment.

8. The definition of the legal status of road users by the Rules of the Road indicates the need to change the form of this regulatory act. Subject to the requirements of the Constitution

The Russian Federation on the form of an act relating to human rights and freedoms and the experience of implementing the Rules of the Road, it seems appropriate to give the Rules of the Road the status (form) of a special federal law, which will also eliminate the contradictions of the Constitution of the Russian Federation, increase the status of the implementation of the Rules of the Road.

9. Comparative legal analysis of traffic violations in administrative legislation of the member countries of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules indicates in general the development of common approaches to the administrative and legal regulation of road traffic.

The administrative and legal regulation of road safety in the Russian Federation in the context of the legislation of a number of foreign countries, as the study shows, has a number of significant shortcomings. In this regard, taking into account the experience of foreign countries and the requirements for the implementation of the Convention, the need to make the following changes to the Code of Administrative Offenses of the Russian Federation is justified: to supplement Art. 12.8 (driving a vehicle by a driver who is in a state of intoxication, transferring control of the vehicle to a person who is in a state of intoxication), art. 12.26 (non-fulfillment by the driver of the requirement to pass a medical surveys to the state of intoxication), art. 12.25 (failure to comply with the requirement to provide a vehicle) qualifying signs:

1) by time - repeated commission within a year after the expiration of the period during which the person is considered subjected to administrative punishment;

2) by subjects - by persons deprived of the right to drive vehicles, persons who do not have the right to drive vehicles;

3) according to the consequences - the creation of an emergency situation, the infliction of mild or moderate harm to the health of the victim;

Expand the circle of persons for failure to comply with the requirement to stop the vehicle administrative responsibility, adding to h. 2 Article. 12.25 of the Code of Administrative Offenses of the Russian Federation the words “police officer” with the words “or other persons who, in cases established by law, have been granted the right to stop the vehicle”; supplement the objective side of the offense under Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, expressed in failure to comply with the requirement of a police officer to pass examination, « refusal to pass”in the following wording: “The driver’s failure to comply with the lawful demand of a police officer, as well as refusal to undergo a medical examination for intoxication”; Supplement the offenses under Art. 12.27 (failure to fulfill obligations in connection with a traffic accident) and art. 12.8 of the Code of Administrative Offenses of the Russian Federation (driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication) by such subjects of the offense as " pedestrians and other road users»; clarify the provisions on the timely submission of traffic controller signals, excluding the possibility of creating an emergency (Article 12.25 of the Code of Administrative Offenses of the Russian Federation and the Rules of the Road).

10. The results of the analysis of the organization of activities to ensure road safety based on the analysis of the current legislation indicate a low security of implementation constitutional principles of protecting the rights and legitimate interests of citizens. The laws in force in the legislation on ensuring road safety do not differ high quality, often reflect departmental or corporate interests, are replete with reference norms, which creates a vast field for sub-legislative rule-making.

In this regard, it is proposed to introduce amendments and additions to the Code of Administrative Offenses of the Russian Federation in such areas as: working out the procedure for applying the procedure for imposing administrative fines, regulating the procedure for examining citizens for being in a state of alcohol and drug intoxication, improving legislation on the execution of penalties for violation of the Rules of the road movements and others.

11. It seems necessary to develop and adopt a conceptual Federal Law “On the Fundamentals of the Legislation of the Russian Federation on Ensuring Road Safety”, which would lay down a strategy for the development of road traffic, accumulate all laws and other regulatory legal acts previously adopted in this area, formulate the principles for its provision, specified the duties and responsibilities of public authorities and local self-government, their officials, public associations and citizens in the field of road traffic. This law should form the basis for subsequent legislation.

12. A study of the organization of the management of the road safety process revealed the following serious shortcomings in the functioning state system management: the current state of administrative control in the field of road safety is characterized by redundancy of subjects of control and a high plurality of legal acts; the state management system in this area is characterized by large quantity bodies with significant differences in their status and insufficient performance; many problems are the result of insufficiently thought out management decisions, lack of demand for non-compliance with laws and by-laws; the imperfection of the legal framework seriously complicates the provision of road safety, there are no federal laws that determine the status of all bodies and organizations involved in ensuring road safety; significantly reduced efficiency law enforcement organs.

13. To improve the efficiency of the state management system in the field of road safety, it is necessary:

Delimitation and consolidation in regulatory legal acts of the powers and responsibilities of all subjects of management in the field of road safety at all levels of public administration; development of an effective mechanism for managing targeted projects and programs to improve road safety, including the development of requirements for regional and local programs, evaluating their effectiveness, stimulating their implementation at the regional and local levels; creation of a unified legal system road traffic, elimination of departmental disunity and insufficient coordination of actions, structuring the management system at federal, regional and local levels, consolidation at each level of the relevant functions, competences and responsibility ™, development of criteria for evaluating the effectiveness of the activities of government bodies; involving state, trade unions and associations related to ensuring road safety, as well as citizens in solving problems of preventing accidents, in order to form stereotypes of safe behavior on the streets and roads, educating the legal culture of citizens in the field of road traffic.

List of references for dissertation research candidate of legal sciences Bakhaev, Anton Aleksandrovich, 2009

1. Normative legal acts and other official documents

3. Convention on Mutual Recognition and Enforcement of Judgments in Cases of administrative violations of traffic rules of March 28, 1997 (Moscow) // Commonwealth. 1997. - No. 2.

4. Convention on the Contract for the International Carriage of Goods (CMR) dated May 19, 1956 (Geneva) // Private International Law. - M., 1994.

5. Convention on Road Traffic of November 8, 1968 (Vienna)// Collection of existing treaties, agreements and conventions concluded with foreign states. - 1979. Issue. XXXIII.

6. Convention on Road Signs and Signals of November 8, 1968 (Vienna) / / Convention on Road Traffic, Road Signs and Signals / comp. M. B. Afanasiev and others; ed. E. V. Pevzner. M., 1999.

7. Convention on the unification of road signaling of March 30, 1931 (Geneva) (cancelled) / / Collection of existing treaties, agreements and conventions concluded with foreign states. - 1938. - Issue. IX.

8. International Convention on Motor Traffic of April 24, 1926 (Paris) (cancelled) // Collection of valid treaties, agreements and conventions concluded with foreign states. 1931.-Issue. VI.

9. Federal Law of July 22, 2008 No. 134-F3 “On Ratification of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules” // Ros. newspaper. - 2008. July 30.

10. Decree of the President of the Russian Federation of September 22, 2006 No. 1042 " On priority measures to ensure road safety» // Collection of Legislation of the Russian Federation. - 2006. - No. 39. Art. 4040.

11. Decree of the Government of the Russian Federation dated March 29, 1999 No. 360 “ On holding the Road Safety Week in the Russian Federation» // Collection of Legislation of the Russian Federation. 1999. - No. 14. - Art. 1746.

12. Kommersant. Order of the Government of the Russian Federation dated February 2, 1996 No. 133-r “On measures to implement the Federal Law “On Road Safety”” // Collected Legislation of the Russian Federation. 1996. - No. 6. - Art. 649.

13. Decree of the Government of the Russian Federation dated March 15, 2007 No. 284-r “ On holding the Road Safety Week in the Russian Federation» // Collection of Legislation of the Russian Federation.-2007.-No. 12.-St. 1461.

14. Russian Federation // constitutional justice in the CIS and Baltic countries.-2007.-№9.

15. Decree of the State Standard of Russia dated December 26, 1994 No. 362 “ State standard Russian Federation GOST R 22.0.05-94 "Safety in emergency situations. Technogenic emergencies. Terms and definitions "". M., 2000.

16. Order of the State Standard of Russia and the Ministry of Internal Affairs of Russia dated September 17, 1999 No. 375/675 "On the establishment of the Technical Committee for Standardization" Road Safety "" // Bulletin of the State Standard of Russia. 1999. - No. 11.

17. Decree of the Head of the city of Chelyabinsk dated January 31, 2005 No. 120-p " About the City Road Safety Commission».

18. Decree Legislative Meetings of the Chelyabinsk region of December 19, 2006 No. 402 "Regional target program for improving road safety in the Chelyabinsk region for 2007-2008" // Yuzhnouralskaya panorama. 2006. - 30 Dec.

19. Scientific and educational literature

20. Administrative law / ed. Yu. M. Kozlova, JI. J.I. Popov. - M., 1999.

21. Administrative law: (General and Special parts) / ed. Yu. N. Starilova. M., 2007.

22. Alekseev S. S. General theory of law: in 2 vols. M., 1981. - T. 1.

23. Alekseev S. S. social entity rights in Soviet society. -M., 1991.

24. Alekseev S. S. State and law: an initial course. - M., 1994.

25. Alekhin A.P., Karmolitsky A.A., Kozlov Yu.M. Administrative law of the Russian Federation: textbook. M., 2003.

26. BabkovV. F. Road conditions and traffic safety. - M., 1982.

27. Bartels V. K., Levchenko A. L. Influence of alcohol intoxication on the operational activity of motor vehicle drivers: methods and techniques of psychodiagnostic studies of operator activity. - M., 1985.

28. BahrakhD. I., Renov E. N. Administrative liability under Russian law. M., 2004.

29. BahrakhD. N. Soviet legislation on administrative responsibility. Perm, 1969.

30. BahrakhD. H. Administrative law: (General part): textbook. - M., 1993.

31. BahrakhD. N. Administrative law: a textbook for universities. - M., 2007.

32. BahrakhD. N. Administrative law of Russia. - M., 2007.

33. Road safety. US Highway Safety Legislation: An Overview. - M., 1984.-Issue. 2(30).

34. Road safety. Ensuring road safety in France: an overview. - M., 1984.-Iss. 3(31).

35. Velsky K. S. Phenomenology of administrative law. - Smolensk, 1995.

36. Bernstein D. I. Legal responsibility as a type of social responsibility and ways to ensure it. Tashkent, 1989.

37. Borisov B. A. Commentary on the Code of the Russian Federation on administrative offenses dated December 30, 2001 No. 195-FZ. - M., 2006.1 c. Borovsky B. E. Safety of road transport. Analysis traffic accidents. - L., 1984.

38. Bugel N. V. Ensuring the functioning of the mechanism for managing internal affairs bodies: (legal, methodological and organizational aspects). SPb., 2000.

39. Vaganov V.I., Ryvkin A.N. Driving vehicles, M., 1990.

40. Vasiliev A. P. Road maintenance and traffic safety in complex weather conditions. M., 1978.

41. Vasiliev N. M., Ivanov V. N. Organization of movement of ground non-rail transport. M., 1971.81. Vengerov I. A., Korneev A. I., Lapchinsky A. I. Security is the law roads. M., 1976.

42. Veremeenko I. I. Administrative and legal sanctions. - M., 1975.

43. Veremeenko I. I. The mechanism of administrative and legal regulation in the field of public order: in 2 hours M., 1981.

44. Veremeenko I.I., Popov L.L., Shergin A.P. Sociological research effectiveness of administrative and legal sanctions . -M., 1973.

45. Vlasenkov V. V., Vlasov V. V., Lobzakov V. V., Razarenov F. S., Telegin A. S. Administrative jurisdiction: a course of lectures. - M., 1994.

46. ​​World report on road traffic injury prevention (Wotld report on road traffic injury prevention) / per. from English. H. V. Zaborina and others; ed. M. Peden et al. M., 2004.

47. Garmash A.M. Commentary on the Code of the Russian Federation on Administrative Offenses / ed. coll.: A. M. Garmash, A. P. Gulyaev, A. A. Gunichev and others - 2nd ed., revised. and additional - M., 2006.

48. Golovko VV Administrative offenses in the field of traffic: (Concept and responsibility): monograph. - Omsk, 2004.

49. Yu.Golovko VV Administrative and jurisdictional activities of the State Road Safety Inspectorate: monograph. -Omsk, 2007.

50. Denisov R. I. Administrative supervision in the field of road traffic. -M., 1981.

51. Diakov A. B. Traffic safety at night. - M., 1984.

52. Zhulev V. I. Ensuring road safety. M., 1973.

53. Zhulev V. I., Mishin V. P. Administrative responsibility for violation of traffic rules. - M., 1979.

54. Zotov B. L. Investigation and prevention of motor vehicle accidents. M., 1972.

55. Ignatov L. N. Organizational basis for the activities of internal affairs bodies to ensure road safety: tutorial. -M., 1991.

56. Kalina E. S. State legal security of the individual in the Russian Federation: monograph. Chelyabinsk, 2005.

57. KlebesbergD. Transport psychology / lane. with it.; ed. V. B. Mazurkevich. M., 1989.9$>. Klinkovshtein GI Organization of road traffic management. -M., 1975.

58. Klinkovstein G. I., Afanasyev M. B. Organization of road traffic.-M., 1992.

59. Klinkovstein G. I., Solovyov G. M., Yumashev N. N. Rules and road safety: a guide for car drivers. - M., 1978.

60. Kozlov Yu. M. Fundamentals of the Soviet administrative rights. - M., 1979.

61. Kozlov Yu. M., Popov L. L. Administrative law: textbook. M., 2000.

62. Kozlov Yu. M., Frolov E. S. Scientific organization of management and law.-M., 1986.

63. Commentary on the Code of the Russian Federation on administrative offenses / ed. Yu. M. Kozlova. M., 2002.

64. Commentary on the Code of the Russian Federation on Administrative Offenses / under the general. ed. E. N. Sidorenko. - M., 2006.

65. Commentary on the Code of the Russian Federation on Administrative Offenses / ed. ed. E. N. Renova. M., 2002.

66. Commentary on the Code of the Russian Federation on Administrative Offenses / ed. ed. E. G. Lipatova, S. E. Channova. M., 2007.

67. Kondratov B. P. Public security and administrative and legal means of ensuring it. - M., 1998.

68. Konoplyanko V. I. Fundamentals of road safety. - M., 1978.

69. Konotyanko V. I., Ryzhkov S. V., Vorobyov Yu. V. Fundamentals of vehicle control and traffic safety. - M., 1989.

70. Korenev A.P. Administrative law of Russia. M., 1996.

71. Korolev A. N., Russian B. V. Commentary on the Rules of the road of the Russian Federation. - M., 2006.

72. Round V. A. Administrative offenses in the field of traffic in the Russian Federation: a practical guide. - M., 2006.

73. Lukyanov VV Oversight of traffic and pedestrians. - M., 1969.

74. Lukyanov VV Problems of traffic. M., 1972.

75. Lukyanov VV Road safety. - M., 1983.

76. Lukyanov VV Composition and qualification of road traffic crimes and administrative offenses. M., 2003.

77. S. Mayorov V. I. Road traffic safety - an object of socio-economic management: a textbook. Chelyabinsk, 1995.

79. Mayorov V. I. State-legal provision of road safety in the Russian Federation: theoretical and applied problems. - Chelyabinsk, 2007.

80. Mayorov V. I. State-legal security in the field of road traffic: theoretical and applied problems: monograph. Chelyabinsk, 2008.

81. Metson T. M., Smith T. O., Hard F. V. Movement organization. - M., 1960.

82. Meshalkin S. N. Problems of combating crimes in the field of road safety: criminal law and criminological aspects: monograph. -M., 2003.

83. Mishurin V. M., Romanov A. N. Driver reliability and traffic safety. M., 1990.

84. Nazarov B. L. Socialist law in the system of social connections.-M., 1976.

85. Some issues of road safety / ed. I. T. Gvaramia. -Tbilisi, 1987.

86. Nemtsov Yu. M., Mayboroda A. V. Operation of the quality of the car, regulated by the requirements of traffic safety. - M., 1977.

87. Pitulko K. V., Koryakovtsev K. V. Administrative offenses in the field of traffic (item-by-article commentary). - St. Petersburg, 2002.

88. New Hempshire State Police Academy (USA): in 2 books. / per. from English. Tallinn, 1991.

89. Popov L. L., Shergin A. P. Civil liability: (the essence of the application and the effectiveness of administrative penalties). JL, 1975.

90. Popov L. L., Shergin A. P. Management. Citizen. Responsibility (essence) of application and effectiveness of administrative penalty.-L., 1975.

91. Entrepreneurial business: a course of lectures / ed. N. I. KLEIN. -M., 1993.

92. The use of administrative methods of economic regulation of motor transport activities in the United States. - M., 1995.

93. Problems of responsibility and punishment in Soviet law: Sat. scientific tr. / ed. A. S. Sirotina. M., 1990.

94. Russian B.V. Federal law "". With practical commentary. - M., 1997.

95. Russian B.V. Administrative responsibility for violations in the field of traffic: article-by-article commentary - M., 2002.

96. Russian BV Organizational and managerial problems of functioning of the state system for ensuring road safety. M., 1993.

97. Rotenberg VV The basis of the reliability of the system "driver car - road - environment". - M., 1986.

98. Samoilov D. S., Yudin V. A., Rushevs "kiy P. V. Organization and safety of urban traffic: a textbook. - 2nd ed., Revised and added. - M., 1981.

99. Sevryugin V. E. The concept of an offense (misdemeanor) under administrative law. - M., 1988.

100. Soviet administrative law: basics of management national economy/ ed. Yu. M. Kozlova, B. M. Bazarova, A. E. Luneva, M. I. Piskotina M., 1981.

101. Spirin I.V. Motor transport law: a textbook. - 2nd ed., corrected. and additional M., 2006.

102. Statistics of road accidents in Europe. - New York, 1972. VIII.

103. Sydoruk I. I. State legal support of law and order in the Russian Federation. - M., 2003.

104. Talitsky I. I., Chuguev V. L., Shcherbinin Yu. F. Road safety in road transport. M., 1988.

105. Theory of law and state: textbook / ed. V. V. Lazareva. - M., 1996.

106. Criminal law Russia: textbook / otv. ed. A.N. Ignatov, Yu. A. Krasikov. M., 1998. - Vol. 1: General part.

107. Criminal law. Experience in theoretical modeling. -M., 1987.

108. Frolov I. G., Arab-Ogly E. A., Arefieva G. S. et al. Introduction to philosophy: a textbook for universities: in 2 hours. M., 1990.

109. Chernyshev B. G. From the experience of organizing the movement in Switzerland. - M., 1969.

110. Shahrimanyan I. K. Road traffic safety. -M., 1970.

111. Shergin A.P. Administrative jurisdiction. - L., 1979.

112. Yusupov V. A. Law enforcement activities of government bodies. -M., 1979.

113. Yusupov V. A. The theory of administrative law. - M., 1985.

114. Yakimov A. Yu. Subjects of administrative jurisdiction (legal status and its implementation). - M., 1996.

115. Wilson R. I., MannR. E. Drinking and Driving: Advances in Research and Prevention. -N.-Y., 1990.

116. Scientific articles and publications

117. Andreenko A. S. Algorithm for establishing a causal relationship in violation of the rules of road safety and operation of vehicles// Actual problems jurisprudence: Sat. Art. adjuncts and applicants. Tyumen, 2003. - Issue. 2. - S. 4-5.

118. Antonov S. N., Kuzin V. V., Levchenko A. L., Yakimov A. Yu. Legislation of the Russian Federation in the field of road safety (state and development prospects) // Administrative law and process. 2007. - No. 4. - S. 2-5.

121. Baryshnikov M. V. Administrative and legal guarantees for the implementation of the rights of road users // "Black holes" in Russian legislation. 2006. - No. 3. - S. 248-250.

122. PO. Belov P. Legislation and National security// Free thought. 1996. - No. 7. - S. 44-49.

123. Belykh E. I. On the state of road safety in the Russian Federation // Law, society, power and modernity: abstracts of reports and speeches of students, graduate students and teachers. - M., 2005. P. 101-103.

124. Bertush S. K, Kuzmin K. I. On the issue of improving the departmental regulation in the field of ensuring road safety // Issues of ensuring road safety: works of the VNITs BD of the Ministry of Internal Affairs of the USSR. M., 1991.

125. Biktimirova 3. 3. Security in the concept of human development / / Social sciences and modernity. 2002. - No. 6. - S. 135-141.

126. Burbelo B. Yu. On the problem of determining road safety// Actual problems of combating crimes and other offenses: materials of the Third Intern. scientific-practical. conf. (April 14, 2005).-Barnaul, 2005.-S. 100-101.

127. Voytenkov E. A. Domestic historical and legal experience in ensuring road safety // Issues of improvement law enforcement activities of internal affairs bodies: interuniversity. Sat. scientific tr. adjuncts and applicants. M., 2005. - S. 24-26.

128. Goglidze V. M., Malasidze G. A., Merebashvili D. V., Siradze M. I. Estimation road conditions mountain roads from the point of view of traffic safety // Some issues of road safety. Tbilisi, 1987. - S. 154-160.

129. Golovko VV On the classification of administrative offenses in the field of road safety // Improving the administrative and legal activities of internal affairs bodies: Proceedings of the Academy. M., 1994. - S. 17-25.

130. Golovko VV State inspection of road safety: problems and prospects // Scientific Bulletin of the Omsk Law Institute of the Ministry of Internal Affairs of Russia. 1999. - No. 1. - S. 47-49.

131. Golovko VV Some features of motor transport crimes in the field of road safety // Legal studies: Sat. scientific Art. Yekaterinburg, 2001. - Issue. 6. - S. 23-27.

132. Golovko VV Application of legislation in the field of road traffic: problems and prospects // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2007. - No. 1. - S. 69-70.

133. Golovko VV, Brazhnikov VV To the question of the application of an administrative fine in the field of road traffic // Law and State. - 2008.-№4.-S. 98-99.

134. Grachev AN To the question of the specialization of voluntary people's squads for the protection of public order // Collection of articles of adjuncts and applicants. M., 1973. - Issue. 2. - S. 54-60.

135. Gunichev A. Rules of the road should be established by law // Ros. justice. 2002. - No. 2. - S. 53. "

136. Guseynov S. A. Foreign experience of targeted programs to improve road safety// Transport law. - 1999.- No. 2.- S. 62-64.

137. Dmitriev S. N. The state system for ensuring road safety - myth or reality? // Legislation and economics. 2002. - No. Yu. - S. 69-72.

138. Dmitriev S. N., Schendrigin E. N. The use of foreign experience in the organization of road safety in the Russian Federation // Transport law. 1998. - No. 1. - S: 43-45.

139. Zhikhareva Yu. I. Administrative and legal regulation in the field of road safety // Actual problems of combating crime at the present stage: materials of Vseros. scientific-practical. conf. (April 89, 2003). Voronezh, 2003. - S. 57-58.

140. ZhulevV. I., Korotkova T.I. Administrative responsibility in motor transport // Sov. state and law. - 1971. - No. 12. - S. 72-77.

141. Zyryanov S. M. Administrative and legal regime for ensuring road safety // Actual problems of administrative and administrative procedural law: Sat. abstracts of articles. - M., 2003.-S. 233-235.

142. Ivanov V.N., SytnikV. N. Problems of development of the general theory of road traffic management // Proceedings of the First Scientific and Technical Conference of the CMEA member countries on the problems of road safety. Alma-Ata, 1977.

143. Ivanova V. V. Problems of improving the practice of combating violations of traffic safety rules // Features of the development of criminal policy in modern conditions: Proceedings of the Academy. - M., 1996.-S. 138-141.

144. Ivanova I. A. Issues of improving the "efficiency of administrative jurisdiction in the field of road traffic // Problems of improving the activities of the State Automobile Inspectorate of Russia: collection of scientific papers of the SIC GAI of the Ministry of Internal Affairs of Russia. M., 1993.

145. Izosimov S. V., Kuznetsov A. P., Marshakova N. N. Actual problems of ensuring road safety at the present stage // Transport law. 2006. - No. 1. - S. 20-29.

146. Kvasov A. A. Road safety as a component economic security countries // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2007. - No. 7. - S. 50-54.

147. Kvitchuk A. S., Synkevich N. A. Problems of improving the road safety system // Transport law. 2005. - No. 4. - S. 43-46.

149. Kiryanov V. Our task is to minimize the number of accidents // Domestic and foreign cars. - 2006. - Sept.

150. Klgshovich E. V. Devices for automatic fixation of violations as new form supervision over compliance with the rules of the road // Police law. 2007. - No. 1(9). - S. 88-95.

151. Kobrin Yu. On the issue of ensuring the strategy of economic security in Russia // The Economist. - 1999. No. 7. - S. 37-45.

152. Kokorev A. N. Correlation of measures of administrative restraint to ensure road safety in the legislation of the CIS countries // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2006. - No. 8. -S. 134-138.

153. Komarov V. M., Zalichev N. N. Navigation safety systems // Sots. legitimacy . - 1987. No. 3. - S. 18-20.

154. Kondratiev V. Federal law " About road safety» requires adjustment // Automobile transport. 2004. -№ 12.-S. 36-38.

155. Kondratiev VD, Yakimov A. Yu. Ensuring road safety at the turn of the century// Law and Politics. - 2001.- No. 3. - S. 137-144.

156. Kondratiev VD, Lisin VV To the question of the legal problems of medical provision of road safety // Lawyer. - 2000.-№9.-S. 37-38.

157. Kogielkin S. Yu. The rights and obligations of a military driver as a person against whom proceedings are underway in a case of an administrative offense in the field of road traffic // Law in the Armed Forces. 2007.-№3.-S. 48-51.

158. Kudryavtsev VN Causality and determinism in criminology // Problems of causality in criminology and criminal law. - Vladivostok, 1983.

159. Kuznetsov A. P., Izosimov S. VMarshakova N. N. Actual problems of ensuring road safety at the present stage // Transport law. - 2006. No. 1. - S. 20-29.

160. Kuragin GG, Popov LL Factors of the effectiveness of administrative and legal sanctions // Jurisprudence. - 1974. - No. 4. - S. 37-45.

161. Litvinova T. A. Influence of the design and technical condition of the front axle of cars on road safety // Technical condition brake systems of cars and road safety: Sat. scientific tr. -M., 1980. S. 76-81.

162. Lovinyukov AS Ensuring road safety // Sov. state and law. 1980. - No. 5. - S. 129-132.

163. Lyubimov L. V. Road safety and its provision// Modern problems of combating crime: mat-ly Vseros. on-uch.-pract. conf. Voronezh, 2003. - Part 1. - S. 86-88.

164. Mayorov V. I. Organizational and legal issues of improving management in the field of road safety // Improving the administrative and legal activities of internal affairs bodies: Proceedings of the Academy. M., 1994. - S. 58-63.

165. Mayorov V. I. Social and legal aspects of road safety // Bulletin of SUSU. 2003. - No. 10(26). - S. 5-14.

166. Mayorov V. I. The main contradiction of traffic // Transport Law. 2008. - No. 3. - S. 41-43.

167. Mayorov V. I. A systematic approach to ensuring the safety of road users / / Transport Law. - 2008. - No. 2.-S. 10-11.

168. MalkovV., KhabibullinM. Establishment of a causal connection in cases of motor transport crimes // Sov. justice. 1991. - No. 12. - S. 12-13.

169. Markin E. V. Some problems. execution of administrative penalties for offenses in the field of road safety // Police law. 2007. - No. 1(9). - S. 147-149.

170. Markin E. V. On the classification of police measures in the field of road safety // Police law. - 2007. - No. 2 (10). - S. 46-48.

171. Maslennikov M. Ya. Regional legislation on administrative responsibility for violation of traffic safety rules // Issues of improving the activities of the public security police: Sat. M., 2004. - Issue. 11. - S. 200-207.

172. Molodykh M. E., Mordvinkin F. V. Influence of driver's health on road safety // Law and Modernity. - 2006. - S. 237-241.

173. Moskalenko S. S., Golovko V. V. On the issue of improving the application of procedural terms in cases of administrative offenses in the field of road traffic // Ros. yus gyzia. - 2006: - No. 10. - S. 28^29.

174. Nikitas D. A. Status of road safety in the Russian Federation: Problem and prevention // Ros. investigator. -2005.-№9.-S. 51-54.

175. Pashkov S. S., Yavich L. S. Efficiency of the legal norm // Sov. state and law. 1970. - No. 3. - S. 40-46.

176. Pivovarov AS Ensuring traffic safety by local authorities // South Ural legal bulletin. 2002. -№ 3-4. - S. 131-132.

177. Popov L. L., Shergin A. P. Study of the effectiveness of administrative and legal sanctions for violation of the Soviet order // Sov. state and law. 1974.-No. 8.

179. Russian VV Ensuring road safety as a social problem // Legal problems razv. 1st social sphere in the Russian Federation: Reports and Communications of the V Intern. conf. (Moscow, April 14, 2005). -M., 2005. S. 183-185.

180. Russian B. V. On the expediency of considering cases of administrative offenses administrative courts // Problems of protection of public and private interests in administrative courts: materials conf.-M., 2001.

181. Russian B. V. Administrative responsibility of legal entities as an institution state regulation Economics // State and Law.-2001.-No. 12.

182. Sazonov LE Car and crime // Actual problems of crime control. SPb., 2002. - S. 371-372.

183. Saifullin R. A. Legislative regulation of road safety// Legal issues activities of internal affairs bodies in modern conditions. Tashkent, 1985. - S. 121-127.

184. Ssichoshchenko I. S., Nikitinsky V. I. Studying the effectiveness of legislation // Sov. state and law. 1969. - No. 8. - S. 3-11.

185. Salyushchenko I. S., Nikitinsky V. I., Vanderoe A. B. On the methodology for studying the effectiveness of legal norms / / Sov. state and law. - 1971. - No. 9. S. 70-78.

186. Serova E. B, Forensic characteristics of crimes against the interests of the service in the field of security and traffic management // Legal Thought. - 2005. - No. 2 (27). pp. 78-90.

187. Smolyakov 77. 77. Problems of administrative responsibility for offenses in the field of traffic // Ros. justice. 2007. - No. 1.-S. 32-34.

188. Smorodina VA From the history of road safety propaganda // History of State and Law. 2006. - No. 12. - S. 19-20.

189. Soktoev 3. B. On the influence dangerous situation on the formation of the act of a traffic crime// Law and legality. - 2001. - No. 2. S. 80-90.

190. Nightingale Yu. 77. Criticism of some conceptual provisions of the Code of Administrative Offenses of the Russian Federation // Actual problems of application of the Code of Administrative Offenses of the Russian Federation: materials of Vseros. scientific-practical. conf. - Omsk, 2004.

191. Tikhomirov Yu. A. On the concept of development of administrative law and process// State and law. 1998. - No. 1. - S. 5-14.

192. Tikhomirov Yu. A. On the status of participants in administrative-legal relations // State and law. 2000. - No. 10. - S. 17-18.

193. Tikhomirov Yu. A. Public law regulation: dynamics of spheres and methods // Journal Russian law. 2001. - No. 5. - S. 3-12.

194. Tomshova A. V. Analysis scientific approaches to the definition of " road safety» // Bulletin of the Chelyabinsk State University. 2008. - No. 2. - S. 25-29.

195. Trofimov S. Legal aspects of ensuring the safety of the use of road transport// Transport Law. 2005.- No. 3.- S. 42-45.

196. Turdubaev A. A. The role of road users in ensuring road safety and tasks for their preparation. scientific tr. -M., 2000. S. 68-73.

200. Fedorov V. The problem of improving road safety today is more acute than ever // Human factor: society and power.-2006.-№2(10).-p. 12-15.

201. Feoktistov V. I. On the issue of administrative and legal security of road traffic in the light of the new Code of Administrative Offenses of the Russian Federation // Svoboda, law, market: coll. scientific tr. Volgograd, 2003. - Issue. 4. - Part 2. - S. 36-40.

202. Khaliullina L. I. Institute of traffic: Construction of the legal fact of the offense // New legal thought. - 2003. -№2(3).-S. 32-35.

203. Chmyrev S. N. Control and supervision activities of the State Road Safety Inspectorate of the Ministry of Internal Affairs of Russia // Proceedings of the Faculty of Law of the North Caucasus State Technical University. 2004. - No. 5. - S. 28-41.

204. Sharygin VG The history of the development of Russian legislation on transport crimes // Legal Thought. 2006.- No. 3.-S. 123-129.

205. Yakimov A. Yu. Combination of measures of administrative coercion and economic impact in the field of road safety // Administrative law and process. - 2008. No. 3. - S. 2-4.

206. Yakubenko NV To the question of the concept of road traffic crime // "Black holes" in the Russian legislation. 2003. - No. 4. - S. 239-249.

208. Ambartsumyan VV Problems of road safety: author. dis. . Dr. Rayurid. Sciences. - Yerevan, 1980.

209. Afanasiev V. S. Ensuring socialist legality: questions of theory and practice (based on the materials of the internal affairs bodies): author. dis. . Dr. jurid. Sciences. - M., 1987.

210. Baryshnikov M. V. Administrative and legal status of road users: author. dis. cand. legal Sciences. - M., 2007. S. 22.

211. Gapagan I. A. Theoretical problems of administrative responsibility under Soviet law: author. dis. . Dr. jurid. Sciences. - M., 1971.

212. Peas VV Administrative responsibility for violations of traffic safety rules and measures to prevent them: author. dis. cand. legal Sciences. Odessa, 1975.

213. Zyryanov S. M. Administrative supervision in the field of road safety: author. dis. . cand. legal Sciences. - M., 2001.

214. Kvitchuk A. S. The system for ensuring road safety in Russia (historical and legal research): author. dis. . Dr. jurid. Sciences. - St. Petersburg, 2006.

215. Kolontaevsky F. E. Organizational bases for the protection of public order in modern conditions: author. dis. . Dr. jurid. Sciences. -M., 1996.

216. Kormishkin B. 77. Administrative and legal support of the safe state of road conditions: author. dis. . cand. legal Sciences - M., 2000.

217. Kokhanenko V. A. Theoretical foundations and administrative-legal methods for ensuring road safety: author. dis. . cand. legal Sciences. Odessa, 1977.

218. Lovinyukov A. S. Administrative and legal protection of road safety: author. dis. . cand. legal Sciences. -M., 1980.

219. Lukonin Yu.P. dis. . cand. legal Sciences. Yekaterinburg, 1999.

220. Lukonin Yu.P. . cand. legal Sciences. - Yekaterinburg, 1999.

221. Lukyanov VV Legal and organizational problems of improving the national system of road safety: author. dis. . cand. legal Sciences. M., 1973.

222. Mayorov V. I. Administrative and legal problems of road safety management: author. dis. . Dr. jurid. Sciences. - Yekaterinburg, 1997.

223. Mayakovsky L. G. Criminal violations of traffic safety rules: author. dis. . cand. legal Sciences. - M., 1979.

224. Nazarov V. Yu. Administrative and legal regulation of the organization of traffic in cities: author. dis. . cand. legal Sciences. M., 2007.

225. Novikov E. A. Organizational and legal support of management in the field of road safety in the Russian Federation: author. dis. . cand. legal Sciences. M., 2001.

226. Radionov S. A. Administrative and legal basis for the organization of traffic: author. dis. . cand. legal Sciences. - M., 1995.

227. Rozhdestvenskaya T. E. State system for ensuring road safety: (Trends, problems and development prospects): author. dis. . Dr. jurid. Sciences. - M., 1993.

228. Saifullin R. A. Management in the field of road safety (based on the materials of the Uzbek SSR): author. dis. . cand. legal Sciences. - Tashkent, 1982.

229. Sandsshov L. V. Administrative proceedings in the activities of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of Russia: (Problems of legal regulation): Author. dis. . cand. legal Sciences. - Omsk, 2004.

230. Smuroe Yu. V. Organizational and legal issues of participation of workers in ensuring road safety: author. dis. . cand. legal Sciences. -M., 1985.

231. Tunik Yu. N. Administrative and legal relations in the field of control and supervision activities to ensure road safety: author. dis. . cand. legal Sciences. M., 1992.

232. Chmyrev S. N. State Road Safety Inspectorate as a governing body in the field of road safety (organizational and legal aspect): author. dis. . cand. legal Sciences. - M., 1985.

233. Shikin E. A. Basic conditions for the effectiveness of the application of law: author. dis. . cand. legal Sciences. Sverdlovsk, 1971.1. Reference literature

234. A. E. Gudkov, S. A. Gudkov, and M. F. Saveliy, Car. Driver. GAI: reference manual. M., 1997.

235. Dal V. I. Explanatory Dictionary of the Russian Language. - M., 2000.

236. Brief philosophical encyclopedia. -M., 2004.

237. Concise Dictionary in sociology. M., 1989.

238. Ozhegov S. I. Dictionary of the Russian language / ed. N. Yu. Shvedova. 24th ed. - M., 2007.

239. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language. - M., 1994.

240. Polytechnic dictionary / ed. A. Yu. Ishinskiy. -M., 1980.

241. Soviet encyclopedic Dictionary/ Ch. ed. A. M. Prokhorov. 4th ed. - M., 1986.

242. Explanatory dictionary of the Russian language: in 4 volumes / comp. V. V. Vinogradov, G. O. Vinokur, B. A. Larin and others; ed. D. N. Ushakova. M., 2003. - T. 1.

243. Philosophical encyclopedic dictionary. - M., 1980.

244. Legal Encyclopedic Dictionary. - M., 1984.

245. Electronic sources of information

246. Budget message to the Federal Assembly of the Russian Federation on budget policy in 2008-2010 dated March 9, 2007. Access from the Garant legal system.

247. Order of the Ministry of Internal Affairs of Russia dated February 1, 1999 No. 66 “On improving the activities of control and preventive units of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of Russia”. Access from the reference-legal system "Guarantor".

248. Order of the Ministry of Internal Affairs of Russia dated May 22, 2000 No. 550 “On conducting an experiment to create regional scientific divisions of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of Russia”. Access from the reference-legal system "Guarantor".

249. Order of the Russian Ministry of Defense dated May 19, 1997 No. 195 "On measures to ensure road safety in the Armed Forces of the Russian Federation" (as amended on October 12, 1998). Access from the reference-legal system "Guarantor".

250. Order of the Ministry of Transport of Russia dated May 12, 2005 No. 45 “Transport Strategy for the period up to 2020”. Access from the reference-legal system "Guarantor".

251. Order of the Ministry of Transport of Russia dated July 31, 2006 No. 94 “On approval of the Transport Development Strategy of the Russian Federation for the period up to 2010”. Access from the reference-legal system "Guarantor".

252. Decree of the Head of the city of Chelyabinsk dated October 27, 1999 No. 1402-p "On streamlining the activities of people's squads that contribute to ensuring road safety in the city of Chelyabinsk." Access from the reference-legal system "Guarantor".

253. Decision of the Magnitogorsk city Assembly of deputies dated December 27, 2006 No. 220 “City target program for improving road safety in the city of Magnitogorsk for 2007-2008”. Access from the reference-legal system "Guarantor".

254. Decision of the Assembly of Deputies of the Korkinsky Municipal District of the Chelyabinsk Region dated December 1, 2005 No. 89 “On Ensuring Road Safety on the Territory of the Korkinsky Municipal District”. Access from the reference-legal system "Guarantor".

255. Annan K. The global crisis in the field of road safety // Official website of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia. URL: http://www.obdd.ru (date of access: 10.10.2008).

256. KrauzP. Safety in road transport: report by the head of the department of the International Road Transport Union. URL: http://www.iru-cis.ru (date of access: 11/13/2008).

257. Official website of the Federal State Statistics Service of the Russian Federation. URL: http://www.gks.ru

258. Official Internet site of the Governor of the Chelyabinsk region. URL: http://www.gubernator74.ru>.1. Road traffic police of the traffic police1. DC1. DOBDDdps1. accident 1. Security Law

259. Federal law on road safety1. FZ1. FOIV FS FSB ChS1. UNEC ETE

Please note that the scientific texts presented above are posted for review and obtained through original dissertation text recognition (OCR). In this connection, they may contain errors related to the imperfection of recognition algorithms.
AT PDF files dissertations and abstracts that we deliver, there are no such errors.

font size

EXAMPLE TRAINING PROGRAM FOR VEHICLE DRIVERS OF THE CATEGORY (approved by the Ministry of Education and Science of the Russian Federation on September 25, 2008) (2017) Actual in 2017

Section 2

Topic 12. Administrative law

Administrative offense (APN) and administrative responsibility.

Administrative penalties: warning, administrative fine, deprivation of a special right, administrative arrest and confiscation of the instrument or subject of the APN. Bodies imposing administrative penalties, the procedure for their execution. Measures taken by authorized persons in order to ensure the proceedings on the APN case (withdrawal of a driver's license, detention of a vehicle, etc.).

Topic 13. Criminal law

The concept of criminal responsibility.

Corpus delicti. Types of punishments.

Crimes against traffic safety and transport operation. Crimes against life and health (leaving in danger).

Conditions for criminal liability.

Topic 14. Civil law

The concept of civil liability. Grounds for civil liability. Concepts: harm, guilt, illegal action. Liability for damage caused in an accident. Compensation for material damage.

The concept of liability for the damage caused. Conditions and types of liability, limited and full liability.

The right of ownership, subjects of the right of ownership. Ownership and possession of a vehicle.

Vehicle owner tax.

Topic 15. Legal framework for environmental protection

The concept and meaning of nature conservation. Legislation on the protection of nature. Purposes, forms and methods of nature conservation.

Objects of nature subject to legal protection: land, subsoil, water, flora, atmospheric air, reserved natural objects.

The system of bodies regulating relations for the legal protection of nature, their competences, rights and obligations.

Responsibility for violation of legislation on nature protection.

480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Thesis - 480 rubles, shipping 10 minutes 24 hours a day, seven days a week and holidays

Bakhaev Anton Alexandrovich. Administrative and legal regulation of road traffic: issues of safety and responsibility: dissertation ... candidate of legal sciences: 12.00.14 / Bakhaev Anton Aleksandrovich; [Place of protection: Ros. University of Friendship of Peoples].- Moscow, 2009.- 190 p.: ill. RSL OD, 61 09-12/1120

Introduction

Chapter I general characteristics legal regulation of road safety

1. The concept and content of road safety 16

2. Administrative and legal framework for regulating relations in the field of road safety 44

3. Prospects for the development of the concept of road safety 64

Chapter II. Administrative responsibility in the field of road safety

1. The concept and features of administrative responsibility in the field of road traffic in the Russian Federation 810

2. Administrative offenses in the field of traffic as a basis for administrative responsibility 96

3. Comparative legal characteristics of violations of traffic rules in the countries-participants of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules 113

Conclusion 130

List of sources used 137

Applications 174

Introduction to work

Relevance of the research topic. Ensuring road safety today rightfully belongs to the priorities of the Russian state, which are of national importance. The current situation with road safety, despite the measures taken in the state, continues to show negative dynamics. About 220,000 traffic accidents are registered annually in the Russian Federation, resulting in an average of 30,000 deaths and 270,000 injuries. Over the past 5 years alone, 172 thousand people have died in road traffic accidents in the Russian Federation, more than 1.2 million have been injured, which is commensurate with the population of a large regional center or the consequences of large-scale disasters and armed conflicts. From an economic point of view, material damage from accidents annually exceeds 2% of the gross domestic product, which in absolute terms amounts to hundreds of billions of rubles 1 .

A similar situation is developing on the roads around the world. Every year, more than 1.2 million people die in road traffic accidents worldwide, 20-50 million are injured, and the global damage is estimated at 518 billion US dollars. The current situation in this area is characterized as a global crisis. According to the forecasts of the World Health Organization, if the most decisive measures are not taken, road deaths could double by 2020, leaving behind only cardiovascular diseases and suicides in this terrible competition. Given the real danger of the situation on the roads, the extent of the harm caused to society as a whole, the accident rate can be attributed to the main threats of our time, and the situation

1 See: State traffic inspectorate Ministry of Internal Affairs of Russia. News review // Official Internet site of the Road Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia. UPJL: (date of access: 07/01/2008).

4 in the field of road traffic - to the main issues of sustainable development of mankind 1 .

In order to radically change the situation on the roads in the Russian Federation, urgent measures of economic, organizational and legal impact have been taken. Recently, the Transport Strategy for the period up to 2030, the State Concept for Ensuring Transport Security in Russia 3 , the Federal Target Programs "Modernization of the Russian Transport System (2002-2010)" 4 , "Improving Road Safety in 2006-2012" 5 and other policy documents; in July 2008, the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules of March 28, 1997 was ratified. 6

However, their implementation has not yet yielded tangible positive results and a significant change in the accident rate on the roads. In 2008, 218,322 traffic accidents (6%) were committed in the Russian Federation, 29,936 people died (1.8%), 270,883 (7%) were injured 7 . The level of infant mortality and traumatism remains high. With the participation of children

Cm.: Russian newspaper. Press archive. January 23, 2009 Road safety has reached the international level... (interview with Deputy Minister of Foreign Affairs of Russia A. Yakovenko. UIlL:.

2 See: Decree Government of the Russian Federation of November 22, 2008
No. 1734-r "On approval of the Transport Strategy of the Russian Federation for the period up to
2030"// Collection of Legislation of the Russian Federation.- 2008.- No. 50.-
Art. 5977.

4 See: Decree Government of the Russian Federation of December 5, 2001
No. 848 "On the Federal Target Program "Modernization of the transport system of Russia
(2002-2010) "" // Collection of Legislation of the Russian Federation. - 2001. -
No. 51.-St. 4895.

5 See: Decree Government of the Russian Federation dated February 20, 2006
No. 100 “On the Federal Target Program “Improving Road Safety
in 2006-2012 "" // Ibid. - 2009. - No. 9. - St. 1020.

6 See: Federal Law of July 22, 2008 No. 134-FZ “On Ratification of the Convention
on mutual recognition and enforcement of decisions in cases of administrative violations
rules of the road” // Ros. newspaper. - 2008. - July 30.

7 See: State traffic inspectorate Ministry of Internal Affairs of Russia. News review. Accident statistics in
of the Russian Federation for 2008// Official Internet i-site of the Road Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia.
URL: (date of access: 23.08.2008).

5 about 22,000 traffic accidents were committed, in which more than 1,000 children died and almost 23,000 suffered injuries of varying severity 1 .

The main factors causing a high accident rate continue to be: the growth of motorization of the population and the mismatch of the existing road transport infrastructure, the improvement in the speed characteristics of cars, the insufficient level of technical requirements for the safety of vehicles, the low quality of training and discipline of road users, the insufficient efficiency of the road safety system. movement.

All this indicates the need to analyze the causes of accidents, find the most effective ways and methods to ensure road safety, take appropriate urgent measures and necessitate a comprehensive comprehensive theoretical understanding of the problems of state and legal support in the field of road safety.

The study of theoretical and applied problems of ensuring road safety as an object of administrative and legal regulation has not received wide distribution. That is why, from a wide range of problems in the field of road safety, the issues of the content of the main categories, the conceptualization of road safety, the activities of state bodies, the criteria for their effectiveness, etc. were chosen for the study.

The foregoing confirms the relevance of the chosen topic of the dissertation research in theoretical and law enforcement aspects.

The degree of scientific development of the topic. The problem of ensuring the safety of expensive traffic is complex, being on

1 See: State traffic inspectorate Ministry of Internal Affairs of Russia. News review. Accident statistics in the Russian Federation for 2008 // Official Internet and website of the Russian Ministry of Internal Affairs traffic police. URL: (date of access: 23.08.2008).

junction of legal, economic, sociological and other humanitarian and technical sciences. In jurisprudence, road safety issues are largely related to administrative law and are based on the theory of public order and safety.

In this regard, the theoretical basis of the dissertation was the work of such state scholars as S. A. Avakyan, V. A. Azarov, S. S. Alekseev,

A. P. Alekhin, K. S. Velsky, V. V. Bobkov, D. N. Bakhrakh, I. L. Bachilo,
V. A. Vlasov, I. I. Veremeenko, V. V. Gushchin, Yu. A. Demidov, E. V. Dodin,
M. I. Eropkin, Yu. M. Kozlov, A. P. Korenev, V. P. Kudryavtsev, N. F. Kuznetsova,
L. V. Koval, A. P. Lonchakov, A. E. Lunev, V. P. Lobyakov, M. I. Nikulin,
L. L. Popov, A. A. Piontkovsky, V. G. Rosenfeld, L. M. Rozin, N. G. Salishcheva
I. S. Samoschenko, Yu. P. Solovei, S. S. Studen ikin, A. V. Seregin,

V. V. Chernikov, O. M. Yakuba, etc.

The works of V. V. Ambartsumyan, M. B. Afanasiev, V. N. Buton, I. I. Veremeenko, V. V. Golovko, R. I. Denisov had a decisive influence on the formation of the methodological basis of the dissertation, the choice of approaches to the study of problems , A. S. Dugenets, V. I. Zhuleva, A. B. Zelentsova, V. N. Ivanova, L. N. Ignatova, G. I. Klinkovshteina, V. V. Lukyanova, V. I. Mayorova, V P. Novoselova, A. V. Petrova, L. L. Popova, M. I. Popov, B. V. Rossiysky, M. S. Studenikina, G. A. Tumanova, R. O. Khalfina, V. N Khropashok, A. I. Khudyakov, I. K. Shakhrimanyan, etc. The works of these authors today are the basis of the theory of road safety, the initial basis for modern research in this area.

The works of V. V. Golovko, S. N. Dmitrieva, Yu. P. Lukonina, L. V. Sandalova, S. N. Chmyrev devoted to the study of various aspects of the activities of the State Road Safety Inspectorate are devoted to certain problems of ensuring road safety; O. A. Ivanova, V. I. Zhuleva, considering the issues of administrative responsibility of road users. Among dis-

7 certification studies conducted recently, it should be noted the work on the qualifications and features of the consideration of cases of administrative offenses infringing on road safety, A. A. Gunichev; on administrative supervision in the field of road safety - S. M. Zyryanova; on the system of ensuring road safety in Russia (historical and legal research) - A. S. Kvitchuk; on the organizational and legal support of management in the field of road safety, in the Russian Federation-E. A. Novikov; on ensuring road safety by local governments - A. S. Pivovarov and other authors.

However, despite the extensive scientific material on the problem of ensuring the safety of road research, the research topic in the proposed perspective cannot be considered sufficiently developed. In domestic legal science, there are still no comprehensive studies devoted directly to the problems of modern administrative and legal regulation of road safety, which would take into account the latest changes in legislation, the international obligations of the Russian Federation in the field of road safety.

Constantly expanded meetings of state bodies on the problems of state and legal provision of road safety in general and issues of accident factors, the quality of driver training, the effectiveness of administrative measures taken and the inevitability of punishment in particular, as well as an active discussion of road safety issues at scientific and practical conferences , seminars and round tables”, the process of improving the current legislation indicates that interest in the study of this problem is far from being exhausted.

Object of scientific research constitute public relations arising in the process of administrative and legal regulation of road safety.

Subject of study are: theoretical and legal concepts, categories, principles underlying the essential and substantive characteristics of the road safety system: safety, traffic, road safety, conceptualization of road safety; state-legal means and factors of road safety in their functional relationship: administrative offenses in the field of traffic and measures of influence for their commission in the Russian Federation and the member countries of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Offenses, organization of traffic.

The purpose and objectives of dissertation research.aim dissertation research are the theoretical understanding of the concept of road safety, the study of the state-legal and organizational foundations of the system for ensuring road safety.

To achieve this goal, the following tasks:

definition of the essence and content of the concept of "ensuring road safety", including the analysis of foreign definitions;

study of the procedure for the implementation of the road traffic process, its positive aspects and negative consequences, as well as safety criteria;

study of the formation and development of the concept of road safety in the Russian Federation;

Development of a scientifically based concept and determination of the features of administrative responsibility in the field of road traffic;

identification of problems and trends in the development of modern legislation on administrative responsibility in this area;

analysis of regulatory legal and organizational aspects of ensuring road safety in the Russian Federation;

conducting a comparative legal analysis of administrative offenses of the member countries of the Convention on Mutual Recognition and Enforcement

9 nii decisions on cases of administrative violations of traffic rules;

Development of specific proposals for the development and improvement of the administrative and legal regulation of traffic safety.

Methodology and theoretical basis of the study. Methodological basis dissertation research are the fundamental laws, categories and concepts of philosophy, general scientific and particular scientific methods of cognition, including the method of system analysis, the normative-logical method, methods of comparative law and legal modeling. This study uses philosophical and special legal categories. The provisions and conclusions of the dissertation research are based on the analysis of the norms of the Constitution of the Russian Federation, acts of international law and administrative legislation, departmental regulations of executive authorities, etc.

The theoretical basis of the study compiled the works of domestic and foreign lawyers studying the issues of ensuring road safety. The provisions of the dissertation are correlated with doctrinal concepts and opinions of practitioners. The theoretical provisions of the dissertation are based on the existing practice of the activities of the bodies that ensure the road safety regime.

Empirical base of dissertation research built on legal sources, domestic and foreign practice, as well as statistical data. In addition, materials were used on the organization of road safety in the Chelyabinsk region, in particular, the Road Administration, the State Road Safety Inspectorate and other industry structures to prevent road accidents and reduce the severity of their consequences, comprehensive targeted programs to improve safety

10, road traffic, as well as materials of scientific and practical seminars and conferences devoted to this issue.

Normative basis of the study compiled the Constitution of the Russian Federation, international legal acts, acts 1 [of the resident of the Russian Federation, the Government of the Russian Federation, federal executive authorities, authorities of the constituent entities of the Russian Federation and local governments regulating relations in the field of road safety.

The scientific novelty of the dissertation research lies, first of all, in the relevance and insufficient study of the modern administrative and legal regulation of road safety. In this paper, based on the analysis of the theory of administrative law and the current legislation, an attempt is made to comprehensively study the content of the concept of "road safety", the problems of conceptualizing road safety, the scientific substantiation of the concept of administrative responsibility in the field of road traffic and determining its features. In the study, for the first time, a comparative legal analysis of administrative offenses of the member countries of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Road Traffic Rules was carried out, specific proposals were formulated for improving administrative legislation in the field of road safety, aimed at increasing its effectiveness.

The main provisions for defense:

1. Despite the consolidation of the concept of "road safety" in the federal law, its definition continues to be debatable. The analysis of the content of this concept carried out in the study indicates that road safety is determined by:

The specifics of the public relations under consideration: the state and nature of the protection of public relations from the threat associated

with the risk of traffic accidents and the harm caused as a result of them;

The independence of the object of protection, protection and provision of interest
owls of road users carried out by the state;

Communication with the protection of the rights of citizens to life, health and safety
new working conditions.

A study of the current legislation of the Russian Federation in the field of road safety indicates the need for the development and adoption of the federal law "On the Fundamentals of the Legislation of the Russian Federation to ensure road safety." The purpose of this federal law should be to determine a strategy for the development of road traffic, to unite all the normative legal acts previously adopted in this area, which are fragmented, and to formulate the principles of ensuring road safety. In addition, the tasks of the federal law should be the establishment of specific powers, duties and responsibilities of state authorities and local self-government, their officials, public associations and citizens in the field of road traffic.

Administrative liability for an offense in the field of road traffic - the responsibility of drivers of vehicles, other road users, as well as officials ensuring the safe operation of transport, roads and road structures, for violation of traffic rules, operation of transport and roads, expressed as applied to the perpetrators administrative penalties established by law by a court (judge), as well as authorized officials of state administration bodies.

The state of the accident rate in the Russian Federation, its high level associated with non-compliance with the Rules of the Road, as well as the lack of effectiveness in this part of administrative penalties indicate the need to supplement the existing system of administrative

12 effective punishments applied for violation of the rules of the road, a new type - a test of knowledge of the Rules of the road.

The use of testing knowledge of the Rules of the Road as an administrative punishment will significantly complement the measures taken today to improve the quality of driver training. At the same time, the main goal is to improve the quality of training for active drivers, the need for which may be associated with initially insufficient training and objectively changing legislation. The study substantiates the need for its application as the main and additional administrative punishment.

The definition of the legal status of road users by the Rules of the Road indicates the need to change the form of this regulatory act. Taking into account the requirements of the Constitution of the Russian Federation and the experience of implementing the Rules of the Road, the necessity of transforming the Rules of the Road into the form of a special federal law is substantiated.

A comparative legal analysis of traffic violations in the member countries of the Convention on Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules indicates in general the development of common approaches to the administrative and legal regulation of road traffic.

The administrative and legal regulation of the safety of road traffic in the Russian Federation in the context of the legislation of a number of foreign countries, as the study shows, has a number of significant shortcomings. In this regard, taking into account the experience of foreign countries and the requirements for the implementation of the Convention, the need to make the following changes to the Code of Administrative Offenses of the Russian Federation is justified:

Supplement Art. 12.8 (driving a vehicle by a driver who is in a state of intoxication, transferring control of the vehicle to a person who is in a state of intoxication), art. 12.25 (failure to comply with the requirement for

13 provision of a vehicle), Art. 12.26 (non-fulfillment by the driver of the requirement to undergo a medical examination for intoxication) qualifying signs:

by time - repeated commission within a year after the expiration of the period during which the person is considered to be subject to such administrative punishment;

by subjects - by persons deprived of the right to drive vehicles, persons who do not have the right to drive vehicles;

according to the consequences - the creation of an emergency situation, causing mild or moderate harm to the health of the victim;

expand the circle of persons for failure to comply with the requirement to stop the vehicle which establishes administrative responsibility, adding to Part 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation the words "police officer" the words "or other persons who, in cases established by law, have been granted the right to stop the vehicle";

supplement the objective side of the offense under Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, which is expressed in the failure to row a police officer to undergo an examination, “refusal to pass” in the following wording: “The driver’s failure to comply with the lawful requirement of a police officer, as well as refusal to undergo a medical examination for intoxication”;

supplement the offenses under Art. 12.27 (failure to fulfill obligations due to a traffic accident) and Art. 12.8 of the Code of Administrative Offenses of the Russian Federation (driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication) by such subjects of the offense as pedestrians and other road users;

Clarify the provisions on the timely submission of signals from the traffic controller, excluding the possibility of creating an emergency (Article 12.25 and the Rules of the Road).

7. The results of the analysis of the organization of activities to ensure road safety based on the consideration of the current legislation indicate a low security for the implementation of constitutional principles for protecting the rights and legitimate interests of citizens.

In this regard, it is proposed to introduce amendments and additions to the Code of Administrative Offenses of the Russian Federation in such areas as: working out the procedure for applying the procedure for imposing administrative fines, regulating the procedure for examining citizens for being in a state of alcohol and drug intoxication, improving legislation on the execution of punishments for traffic violations, etc.

The theoretical and practical significance is determined by the scientific conclusions formulated in the course of the work and proposals developed on their basis to improve the efficiency of the road safety system, improve the legislation governing the road transport process. The proposals and conclusions presented in the study can serve as a basis for further scientific development and solving problems related to ensuring road safety.

The results of the dissertation research can be used in the law-making process and law enforcement and the activities of state bodies involved in ensuring road safety, as well as in educational activities within such academic disciplines as administrative law, administrative activity, administrative jurisdiction, when reading special courses on problems of road safety and, in general, the protection of the rights and freedoms of the individual.

Approbation of the research results. The dissertation was completed at the Department of Constitutional and Administrative Law of the State Educational Institution of Higher Professional Education "South Ural State University", where it was reviewed and discussed. The main provisions and conclusions of the work were presented at the meetings of the department and reflected in a number of publications in scientific journals, materials of scientific and practical conferences held in the cities of Yekaterinburg, Omsk, Ufa, Chelyabinsk, Moscow. The research materials were also used in the educational process during classes in the discipline "Administrative Law".

Approbation of the results of the dissertation work is confirmed by the study and generalization of the law-making and law enforcement practice of state bodies in the field of road safety and the introduction of the main results of the dissertation into the activities of the Department of Road Facilities of the Administration of 1 Ilyabinsk and the Committee for Construction, Housing and Communal Policy and Road Facilities of the Legislative Assembly of the Chelyabinsk areas.

Separate provisions and conclusions of the dissertation were reflected in the research work and the draft Law of the Chelyabinsk Region "On Amendments to the Law of the Chelyabinsk Region "On Administrative Offenses in the Chelyabinsk Region"", which in 2008 became the winner of the competition of the Legislative Assembly of the Chelyabinsk Region "Chelyabinsk Region" is Us” in the nomination “Best Bill”.

Thesis structure corresponds to the logic of the study, due to the goals and objectives of this study. The work consists of an introduction, two chapters, including six paragraphs, a conclusion, lists of references and abbreviations, applications.

The concept and content of road safety

One of contemporary problems which are of significant importance, along with a wide range of socio-economic tasks facing the Russian state and society, are the theoretical development and practical implementation measures to ensure road safety.

In the context of the formation of the state system for ensuring road safety, aimed primarily at creating new and improving existing mechanisms implementation of the principles of the priority of life and health of citizens participating in road traffic over the economic results of economic activities, important tasks remain: theoretical study of road safety issues, substantiation, development and support of methods for the practical implementation of the identified priority problems, taking into account the creation or adaptation of previously created structures to adequately new security functions and finding the resources needed to perform them.

Among the objects theoretical study ensuring road safety, the central place belongs to the study of the concept of road safety, which creates the necessary prerequisites for a comprehensive study of the above problem.

As V. I. Mayorov notes, the practical participation and coordination of specialists in these areas largely depend on the solution of this issue, which will ultimately contribute to the creation of an effective concept of road safety1.

Understanding the concept of road safety, its content and features has always been in the focus of domestic legal science. However, despite the increased interest in these issues, and, accordingly, a significant number of works devoted to these issues, the definition of road safety remains debatable. To date, among jurists there is no unambiguous understanding of it. Along with normative definition road safety there are many scientific points of view.

The existence of various definitions of the concept of "road safety" is explained, first of all, by the fact that changes are constantly taking place in its content. This is the natural state of the dynamics of any phenomenon. The content of road safety is determined both by the specific historical conditions for the development of the state itself, and the state of its theoretical understanding and legislative regulation. So, the interpretation of the category under consideration, spho [emulated at the end of the 20th century. as a consequence of the political and socio-economic transformations of the 90s, differs significantly from the understanding of the Soviet period.

In addition, discussions about the scientific nature of this term, disagreements regarding the development of “specific research methods” of the problem of the content of this concept only exacerbate doubts about the correctness of the approaches prevailing in this area. Researchers who adhere to one or another scientific view may not understand the opponent's argumentation simply because it (argumentation) is built in a different system of analytical premises, normative prescriptions, and models used.

At the same time, at present, relatively stable ideas have developed in administrative and legal science about the main approaches to determining road safety, the aspects of which should be formulated as1: 1) scientific and legal category; 2) legal category; 3) social and legal category.

The above aspects are independent characteristics of road safety, reflecting its specificity and properties. At the same time, they are closely interconnected and condition each other. Thus, the socio-legal aspect influences and serves as the basis for the formation of the scientific and legal concept of traffic safety, the latter, in turn, directly creates a platform for its regulatory consolidation.

Considering road safety as a scientific and legal category, it should be noted that in this aspect the concept is most widely used in studies on the problems of public safety and road safety.

In its development Scientific research This concept goes through several stages, the boundaries of which can be conditionally defined by the following time frames: - Stage I "technocratic" (until the 70s of the XX century) - characterized by the study of mainly technical issues of motorization and road construction, studying the problems of road safety according to the formula "car - road". Problems related to the human factor, the causes of offenses; organizational and legal aspects, during this period were practically not studied; - Stage II of "socio-economic efficiency" (70s of the XX century) - differs from the previous one by a significant expansion of the object of study, the complexity of its study. Thus, the problem of ensuring road safety became the subject of consideration of sociology, psychology, medicine and other sciences, which made it possible to develop a new approach to the very essence of road safety, in which it was proposed to use the provision of its social, economic and technical efficiency as a general criterion for the functioning of road traffic. ; - Stage III of "conceptualization" (from the 80s to the present) - the stage at the beginning of which, against the background of political and socio-economic transformations, there is a significant change in the state administration of the road safety system, aimed at its organizational and legal improvement . For this purpose, a conceptual understanding of road safety was formulated, which received regulatory consolidation in the Federal Law of December 5, 1995 No. 196-FZ "On Road Safety"1 and other regulatory legal acts2, took a firm place in scientific and socio-political discussions.

Administrative and legal framework for regulating relations in the field of road safety

Activities to ensure road safety is a systematic formation, including a technical and technological subsystem and a system of roles and functions of the service and control cycle. To increase its effectiveness, it is advisable to consider this phenomenon as a hierarchical socio-technical system, dividing it into three subsystems according to their functional purpose and final result.

The essence of each subsystem is the activity of people implementing various functions. As a consequence, each of them represents a specific sphere of social relations and therefore serves as an object of ordering influence of legal regulation. At the same time, the features inherent in each of them determine the differences in approaches and regulation, the originality of the content of the norms, with the help of which the optimal state of the elements that make up these subsystems is regulated in terms of safety parameters, since the content of a homogeneous group of social relations ultimately determines the specifics of legal regulation. .

The need for a comprehensive improvement of public administration, bringing it into line with the new conditions and tasks modern stage development of society requires new theoretical research management problems.

A modern legal state cannot function without normatively established procedures for public administration. Normative regulation of traffic, subsystems of preparation and maintenance, organization of the work of the latter are the main tasks of the third highest level - the control subsystem - state administration in the field of road safety. It is formed by representative (legislative and executive) authorities of the federal and regional levels, local governments within the competence established for them as subjects of ensuring road safety by the current legislation (Appendix 2).

Consideration of the application of law as one of the means of ordering influence does not contradict the understanding of it as one of the forms of management activity. Public administration is a kind state activity, the purpose of which is the execution, practical implementation of laws and other legislative acts. It is carried out by specially created executive authorities (public administration). The legislative system is designed to ensure all levels of government, especially the normative one, to focus them on solving problems of general social state importance, as well as on their interaction. The legislation defines the framework for the activities of executive authorities. The practical activity of the executive authorities is expressed in the development and implementation of management programs (managerial decisions), in establishing the directions for the functioning of all subjects of the management system, in the operational regulation of managerial relations between them, in checking execution (control over the activities of the managed system). In ensuring effective public administration, the most important role belongs to legal regulation, since this activity, being aimed at the full and precise implementation of the law, can be carried out on the basis of the law1.

Acting as one of the forms of management activity and one of the legal means of organizing influence on managed persons, the application of the rules of law performs, on the one hand, the functions of management itself, and on the other hand, the functions inherent in the application of law as an independent legal phenomenon, i.e., it performs managerial and regulatory requirements. Based on this, legal regulation as an instrument and means of public administration should be able to perform such functions as strengthening the socio-economic foundations of management, the competence of the bodies that make up the management system; should establish the procedure for the activities of these bodies, enterprises, institutions, organizations, their officials, including intra-system communications, as well as relations with citizens and public associations; should ensure the implementation of the necessary set of rules and norms, regulate the types and procedure for applying the responsibility of all subjects of public relations, including the government bodies themselves and their officials for misconduct or improper performance of their duties.

With regard to the tasks of ensuring road safety, the activities of government bodies should be aimed at regulating the socio-economic foundations and principles of public administration in the field of ensuring road safety, determining the competence of management entities various levels, establishing the procedure for the implementation of managerial actions, the adoption of regulations, etc. In addition, I establish gay grounds and the procedure for holding government bodies accountable for illegal actions and improper performance of duties.

The highest form of legal consolidation of these guidelines is the Constitution of the Russian Federation. It defines the main directions of state policy, primarily in the provisions on the proclamation of the Russian Federation as a democratic legal and welfare state(Chh. 1 Art. Art. 1, 7); on recognizing a person, his rights and freedoms as the highest value and imposing obligations on the state to observe and protect them (Article 2), etc.

As noted earlier, road safety is a component of public safety, and safety is a state of protection of the vital interests of citizens, society, the state, which ensures the protection of the subject of safety from socially dangerous acts and other harmful phenomena of a social, technogenic and natural nature through use of the system of measures, means and methods provided for by law1.

The legal basis for ensuring public safety in the field of road traffic is the norms of the Constitution of the Russian Federation, the Law on Safety, the Federal Law on Road Safety and other regulations governing relations in the field of public safety. The Federal Law on Road Safety defines the legal basis for ensuring road safety on the territory of the Russian Federation. In particular, it fixes the main directions of state policy, directions for creating conditions conducive to ensuring public safety, delimits the competence of bodies of various levels of government, establishes the functions of supervision and control over compliance with legal requirements.

The concept and features of administrative responsibility in the field of road traffic in the Russian Federation

A significant role in the administrative legal regulation of road safety belongs to administrative responsibility as a means of ensuring public interests. As R. I. Denisov notes, the accumulation of a huge number of vehicles in road traffic, which are sources of increased danger, and the management of these vehicles, carried out by people with different psychophysiological characteristics, and therefore with an individual, “personal” idea of ​​\u200b\u200btraffic, determine the need for special legal regime of traffic.

According to explanatory dictionaries Russian language, responsibility is the need or obligation to give someone an account of their actions, to be responsible for something. "In the social sciences, as a rule, we are talking about social responsibility, the content of which, in addition to legal consciousness, is formed by other areas public consciousness, it is based not only on socially harmful, but also on socially neutral and socially useful actions3.

To date, responsibility remains a controversial concept. Under legal responsibility as a kind of social responsibility, some authors understand the obligation to answer (or give an account for their illegal actions)4, others - the implementation of the sanction of a legal norm1, others - a kind of obligation that is detrimental, undesirable for the subject on which it is assigned.

Signs of legal responsibility are that it is based on state coercion, is associated with a negative state-legal assessment for the committed act, with the offender's obligation to undergo hardships associated with a change in his status3. Thus, the negative (retrospective) aspect of legal responsibility is widely studied in the literature. In general, legal responsibility is considered as a kind of social responsibility, as a legal category, as a legal relationship, a value phenomenon4.

In this connection special attention deserves a discussion about the theory of "positive responsibility". N. I. Matuzov notes that we are not talking about responsibility for certain violations, which most often come down to punishment, but about responsibility as a certain internal state of the individual, his attitude to the task assigned, society, the state, the team, to his behavior ( in the present and future), a sense of self-discipline, consciousness. Positive responsibility is a measure of exactingness towards oneself and others, a deep understanding of the interests of the state and society5.

Undoubtedly, the consideration of negative (retrospective) responsibility without regard to active (positive) one leads to a belittling of its role as a tool for regulating and protecting social relations, as a means of educating citizens to take a responsible attitude to their duties. Responsibility is established, first of all, to stimulate lawful behavior, and not to apply punishment for non-compliance with legal norms1, i.e., the main purpose of legal liability is in a preventive, preventive application. Legal responsibility in its personal-psychological sense occupies an independent place in the structure of legal consciousness, it is not only the fact of understanding the meaning of the prescriptions of legal norms, but also the development of a special, active attitude towards them, the formation of attitudes of lawful behavior2.

However, there are other opinions as well. So, N. S. Malein believes that in the definitions of positive responsibility the substitution of terms is allowed3, L. S. Yavich notes that the right is influenced, first of all, by the retrospective side of social responsibility, therefore legal responsibility is a kind of retrospective social responsibility4.

In this regard, one should agree with V. V. Golovko that “positive responsibility” should be understood as a person’s attitude to lawful behavior, the formation of which is the goal of negative responsibility. The study of both the negative and positive aspects of legal responsibility will make it possible to assess the validity and effectiveness of establishing legal prohibitions and penalties for their violation5.

There is no consensus on the concept of administrative responsibility. In administrative and legal science, there are different positions regarding the content of administrative responsibility. The most well-known concept of sanctioned administrative responsibility, here we are talking about the responsibility of citizens and officials to government bodies, and in cases determined by law, to the court (judges), as well as to public organizations for the guilty violation of public administrative and legal norms, expressed in application of established administrative sanctions to violators. From the point of view of D.N. Bakhrakh, administrative responsibility should be understood as the application by state bodies and officials in the conditions of off-duty subordination of administrative sanctions for an offense2.

A slightly different approach is taken by academic administrative discipline. For example, K. S. Velsky believes that administrative responsibility is an administrative and procedural law enforcement relationship that develops over time and covers all the main stages of proceedings in cases of administrative offenses. Adverse consequences for the offender begin from the moment the offense is committed, and the negative assessment of the act by the state, which is materialized by administrative penalties, is considered an independent measure that has the properties of an authoritative and profound impact on the personality of the offender4.

Administrative offenses in the field of traffic as a basis for administrative responsibility

The process of transport movement as a result of road traffic is the cause of the collision of various interests of people, organizations and society as a whole, which determines the appropriate regulatory legal regulation of traffic management relations as an area of ​​public relations. Accordingly, legal relations in the field of road traffic are relations that have arisen between road users, regulated by the rules of law.

An analysis of the legal literature and legal practice on road traffic accidents indicates the need to consider their social harmfulness in conjunction with the actual infliction of harm. Harm, as a rule, is caused to life, health, nature, property, society as a result of a socially harmful (emergency) situation that has arisen in connection with the loss of control of a vehicle by a driver. In other words, an emergency situation is a sign of the objective side of an offense that determines its social harmfulness and reveals the connection between violations of the Rules of the Road and the operation of vehicles with causing harm.

In the legal literature, there is an opinion about the offense as a social phenomenon generated by certain social processes.

Its social nature lies in the degree of social danger, harmfulness that it contains for the foundations of the state, since it violates its existence1. This premise has found its concrete theoretical development in the study of the concept and the socio-legal nature of the offense.

The normative definition of an administrative offense is given by the Code of the Russian Federation on Administrative Offenses. The definition is based on generally recognized legal features: public danger (harmfulness), wrongfulness, guilt and punishability. In particular, an administrative offense is recognized as an unlawful, guilty action (omission) of a physical or legal entity, for which this Code or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility (Article 2.1).

Being a specific type of offense, a traffic accident contains special features that distinguish it from other offenses. The object of transport offenses are public relations that ensure the protection of life and health of people, material values, the environment natural environment, the interests of trouble-free operation of transport in general. Their consequences can be accidents or accidents that cause serious harm to the life and health of people, material resources, and society. The specific harmful effects and their severity are decisive factors in the issue of liability.

Thus, all transport offenses should be divided into two groups: 1) administrative offenses in the field of safe functioning of transport or road traffic offenses; 2) transport crimes.

The criteria for their gradation in its pure form may not always be generally recognized legal signs of an offense. The only exception is the significance of the consequences, with the condition that the degree of severity often depends on random circumstances.

Public danger. Its degree (cliches and in) and nature (quality) are expressed in the nature of violations of safety rules, the amount of harm caused, the place, time, method of committing offenses, etc. Death, causing grievous bodily harm to the victim entail criminal liability. Criminal liability for transport crimes comes, unlike administrative, not for the very fact of violation of the rules, but for a violation that entailed the infliction of real and most often significant damage to protected public interests. This is the higher degree of public danger of a transport crime in comparison with similar road traffic offenses.

Illegality lies in the fact that administrative liability arises only for violations (actions or inactions) provided for by the current legislation. An administrative offense in the field of traffic, like any other, includes the following elements:

I. Object. In the science of administrative and criminal law distinguish between general, generic, specific and direct objects of the offense. The generic object of an administrative offense in the field of traffic is formed by social relations regulated by administrative and legal norms. An analysis of the latter indicates that they are aimed at the strictest observance of the traffic order, which ensures the normal, rhythmic and precise operation of road transport and thereby creates conditions for safe road traffic.

Consequently, the specific object of road traffic offenses is the order of traffic, its safety. It is the unity of the generic and specific objects of road traffic offenses that serves as the basis for separating them into a homogeneous, relatively independent group. The remaining signs of the elements of road traffic offenses do not play the role of a classification criterion. "This approach is also used by the Code of Administrative Offenses of the Russian Federation in the Special Part - each chapter includes offenses that have a single object of misconduct. However, as noted by V.V. Golovko, offenses were made during rubrication from the scientific classification of misdemeanors according to a single criterion and different ones were used: the content of social relations and the branch of activity where they arise.This led to the fact that misdemeanors that encroach on a single generic object ended up in different chapters.For example, Article 11.26 ended up in Chapter 11 containing administrative offenses in road transport, and Article 12.2 - in Chapter 12, which combines administrative offenses in the field of road traffic. Such an approach in codifying administrative offenses can hardly be called appropriate. From our point of view, it is more correct to form administrative offenses in the traffic on a single basis.