Analysis of penalties imposed for violations of traffic or traffic safety regulations by persons who drive vehicles

Keywords: purpose of punishment, imposition of punishment, crimes against traffic safety and operation of transport, part 1 of Art. 286 of the Criminal code of Ukraine, the main punishment, additional punishment

Abstract

The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of
transport by persons who drive vehicles which caused the victim average of seriousness bodily injury (Part 1 of Article 286 of the Crimi -
nal Code of Ukraine). The ratio of the type and amount of punishment imposed by courts under this article of the Criminal Code of
Ukraine on the basis of sentences passed by courts of first instance during 2019 is given. According to its results, the most common
types of penalty provided by the sanction of Part 1 of Article 286 of the Criminal Code of Ukraine are a fine and restriction of liberty.
The appointment of the courts of first instance under the sanction of Part 1 of Article 286 of the Criminal Code of Ukraine of
each of the types of penalty as a fine, correctional labor, arrest and restriction of liberty is analyzed. The author outlined the main aspects
in the using of these types of punishments by the courts.
The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal
Code of Ukraine.
Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation
of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than
half of the analyzed sentences. The author also analyzed the consequences of the obligation to apply it, which is provided by changes
to the legislation from July 1, 2020. In addition, the author of the article suggested possible solutions to the problem, which are likely
to arise as a result of the mandatory deprivation of the right to drive vehicles. In this context, some examples of the case law of the
Supreme Court were also cited.
According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 1 of
Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. The expediency of examining the state of sentencing
under other parts of Article 286 of the Criminal Code of Ukraine is also considered.

References

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3. Chudyk N.O., Mudryk K.A. Problemy vidbuvannia pokarannia u vydi areshtu v Ukraini. Pravo i suspilstvo. 2016. №2. S.175-179. Rezhym dostupu: http://www.irbis-nbuv.gov.ua/cgi-bin/irbis_nbuv/cgiirbis_64.exe?C21COM=2&I21DBN=UJRN&P21DBN=UJRN&IMAGE_FILE_DOWNLOAD=1&Image_file_name=PDF/Pis_2016_2(2)__33.pdf
Published
2020-11-10
How to Cite
Tarasenko, O. (2020). Analysis of penalties imposed for violations of traffic or traffic safety regulations by persons who drive vehicles. Law Review of Kyiv University of Law, 1(3), 313-319. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/520
Section
Criminal law and criminology