LIABILITY FOR ADMINISTRATIVE OFFENSES RECORDED IN AUTOMATIC MODE

For several years in Ukraine, the constitutionality of the provisions of the article of the KUPP on liability for administrative offenses recorded in automatic mode (video fixation) has been debated in Ukraine. So what is the problem of the question?

The most important right of a citizen of Ukraine is to be alive and well.

During the years of independence, more than 1.6 million Ukrainians were injured in various degrees of severity as a result of road accidents.

Automatic methods of fixing violations of traffic rules (hereinafter also traffic rules) significantly reduce the number of such violations and reduce the rate of deaths and injuries on the roads.

Reducing road deaths is impossible without the implementation of the most modern, long-proven in practice in the world electronic traffic control systems.

However, there is an opinion that some articles of the Code of Ukraine on administrative offenses do not comply with the Constitution of Ukraine, contradict its requirements for individualization of legal responsibility of a person and presumption of innocence, establish the possibility of bringing vehicle owners to administrative responsibility even if these persons did not act administratively of the offense, in turn, the offender does not bear any responsibility.

Such articles usually include part 1 of Art. 142, Cst. 2791, 2793 KupAp.

All these norms are aimed at establishing responsibility for offenses recorded in the mode of photography (video recording).

Meanwhile, Article 61 of the Constitution of Ukraine provides that legal responsibility is established for the commission of a specific offense by a specific person, that is, it has an individual character.

However, in accordance with Art. 13 of the Constitution of Ukraine, property should not be used to the detriment of man and society.

Therefore, a person who buys a car, which is actually a source of increased danger to the environment, is responsible to society for his property and its use.

It is also necessary to pay attention to the practice of the European Court of Human Rights, in particular the case Falke v. Netherlands, where the court recognized the legitimate responsibility of the owners of vehicles.

Already, citizens of Ukraine have repeatedly appealed to the Constitutional Court of Ukraine, created petitions for the abolition of the norms of the KUPP, which contradict the requirements for individualization of the legal responsibility of the individual.

Thus, the Constitutional Court of Ukraine in case No. 3-109/2023 (203/23) considered the statement of Glazko O.S., which noted that the application in the final court decision in her case (decision of the Second Administrative Court of Appeal of May 18, 2023) part 1 of Article 142, note to article 122, Art. 2791, 2793 KUPap contradict Part 2 of Art. 8, Art. 22, Part 1, 2 Art. 24, Part 2 of Art. 61, Article 6, Article 6, Stst. 62, 64 of the Constitution of Ukraine.

The grounds for opening constitutional proceedings in the case were to establish compliance with the Constitution of Ukraine (constitutionality) Part 1 of Art. 142 KUPap (responsibility for administrative offenses in the field of road safety, recorded in automatic mode, and for violation of the rules of stopping, parking, parking of vehicles, recorded in the mode of photography (video recording).

However, in this case, the court refused to open constitutional proceedings in the case in this part in accordance with paragraph 4 of Art. 62 Law of Law “On the Constitutional Court of Ukraine” — because of the inadmissibility of the constitutional complaint.

28.06.2024 The Supreme Court considered the issue of appeal to the Constitutional Court of Ukraine with a submission regarding the compliance of the Constitution of Ukraine with the provisions of Art. 142 KUPap.

After a detailed discussion, the Plenum of the Supreme Court decided not to apply to the Constitutional Court of Ukraine with a submission on compliance

The Constitution of Ukraine provisions of Art. 142 KUPap, which establishes responsibility for offenses in the field of ensuring traffic safety, recorded in automatic mode, and for violation of the rules of stopping, parking, parking of vehicles recorded in the mode of photography (video recording).

Also relevant is the issue of insufficient number of parking spaces, especially in densely populated cities.

Because of this, drivers often neglect parking rules and as a result get fines or do not find their car at all, because it has already been taken away by a tow truck.

In such cases, the relevant persons (police officers and parking inspectors) must strictly follow the instructions, carry out photo and/or video recording of the offense, monitor the safety of the car.

In this case, the evidence of the offense will be precisely the photo and/or video fixation.

We would like to emphasize that the purpose of installing video fixation means is to prevent possible negative consequences for the life and health of citizens of Ukraine, who are threatened by sources of increased danger, such as cars.

The interests of society as a whole are higher than the interests of one particular person. When transferring to use their own vehicle, a person must be aware of all the risks that result from this.