§2.1. Problems of legal regulation of establishing a regime of access to information resources.
The basis of all information technology and databases is information. Federal Law No. 149-FZ of July 27, 2006 (as amended on December 28, 2013) "On Information, Information Technologies and Information Protection" defines the term information as information independent of forms and presentation. Currently, information is the most important component of management activities and is the subject of subjects of a wide range of legal relationships.In this regard, it is relevant to understand the legally significant characteristics of information, and its arrays, serving as an information resource for specific subjects. A prerequisite recognition of information as a subject of legal relations, is its physical carrier. Formed in a certain way, taking into account the needs of individuals or legal entities, documents and their arrays form information resources that become the subject of legal relations. For their creation, processing and use, various technical means and technologies are used, the most advanced of which are based on the use of computer technology... This explains the inextricable connection legal regulation the use of information technology with the legal characteristics of an information resource, as a subject of legal relations.
Now let's define what is legal regime... In legal science, there are many opinions and approaches to the concept of a legal regime. The opinion of scientists Alekseev S.S. and Morozova V.The. is based on the understanding of the legal regime as certain sets of legal means. However, Matuzov N.I. and Malko A.The. define this term as a special type of legal regulation, which is a kind of complex of measures, expressed in legal incentives and legal restrictions. In the understanding of I.S. Rozanov the legal regime is a set of legal, organizational and technical measures.
But, with different interpretations by scientists of the term "legal regime", when considering them there is a common series of points. First, all authors consider the legal regime as a specific regulator. public relations... Secondly, a set of measures and means are included in the legal regime. Therefore, the legal regime can be defined as the procedure for regulating any sphere of public relations, which is a set of legal means aimed at ensuring the most optimal, from the point of view of the individual, society and the state, for the subjects of law to exercise their legitimate interests.
Matuzov N.I. also gives the signs of the legal regime:
1) Has the goal of regulating specific areas public relations;
2) It is established by law and provided by the state;
3) Creates a specific degree of favorable or unfavorable for the satisfaction of subjects;
4) is special order legal regulation.
We can agree with these signs for the following reasons. Firstly, it is necessary to interpret legislation in a broad sense, and secondly, the legal regimes of individual objects can, in certain cases, be established and ensured not only by the state, but also by other entities.
When establishing a legal regime, the achievement of any goals is pursued. The goals and functions of the legal regime are related to the goals and functions of legal regulation. If we consider the point of view of A.V. Melekhin, then the goal of the legal regime is a stable order in the state and society. When this goal is achieved, security in the state is ensured, and it is aimed at maintaining the required level of protection of public security facilities.
Establishing the purpose of a legal regime is directly related to the division into species. The main problem of the classification of the legal regime is based on the multilevel nature of this process. It is necessary to take into account when distinguishing various types of legal regimes that there are sufficient grounds for classifying any legal regime.
Mandatory rule when deciding on the classification is the application of a logical rule. The principle of dialectics helps to correctly establish the truth of knowledge, and the rules of formal logic - to determine the way to establish such a truth. However, one should not forget that the classification is always conditional and relative. With the receipt of new knowledge about the object, the classification is always refined and changed.
Any classification begins with a search and determination of what is at the same time the basis of division and at the same time is a consolidating circumstance that makes it possible to divide the phenomenon under study into parts. Depending on the goals of the law enforcement officer, the criterion for subdividing into types may be different, from which it follows that the number of classifications is not limited.
A.V. Melekhin indicates that the classification of legal regimes carried out by researchers and legislators is carried out on various grounds:
1) Spheres of action - this approach allows you to divide them into domestic and international legal regimes;
2) Branches of law - the most common is the administrative-legal regime, which can be reflected in various branches of law;
3) the grounds for the establishment;
4) Objects of legal impact;
5) Subjects of implementation of the established legal regulations.
Depending on the subject of regulation, the legal regime can be divided into administrative, land, financial, tax, customs, etc. The legal regimes regulating the complex of homogeneous social relations are combined into a single sectoral regime, based on this, each branch of law is characterized by its own regulatory regime.
Let's consider in a little more detail what the Administrative and legal regime is. An administrative-legal regime can be understood as a set of rules of behavior, activities of citizens and legal entities enshrined in regulatory legal acts, the procedure for their exercise of rights and legitimate interests in certain situations in the field of public administration, aimed at ensuring public order and public safety, specially created for this purpose bodies, divisions and services of bodies government controlled... The main purpose of administrative and legal regimes is to prevent offenses and the onset of other harmful consequences dangerous for the individual, society and the state, to ensure public safety and public order. The object of the administrative-legal regime is a set of public relations in the field of public administration, regulated by the rules of the administrative-legal regime. These relations refer to public law relations. In the case of regulation of private-law relations by the norms of the administrative-legal regime, this is regarded as a violation of the law. Means of ensuring administrative-legal regimes - a set of means, techniques based on the norms of administrative law, with the help of which the administrative-legal regime is implemented. The characteristic features of the administrative-legal regime are:
1) Establishment in the field of activity of executive authorities;
2) The basis of regulation is the norms of administrative law;
3) The rules of behavior of state bodies and citizens are fixed;
4) Additional restrictions and administrative measures are applied;
5) Additional responsibilities are imposed;
6) Violation of the rules of the legal regime entails the use of measures of state coercion
The basis of all administrative and legal regimes is the Constitution, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulations federal executive bodies, regulatory legal acts of bodies state power subjects of the Russian Federation.
Administrative and legal regimes are appointed to create conditions for the effective operation of public authorities and local government.
It is also necessary to note a number of features when equating the legal regime with the branches of public or private law. In the case of the public law sphere, the modes of functioning of state and other institutions make it possible to successfully solve state problems. In another case, the legal regime is focused on particular situations in a narrow area of regulation.
Also, in relation to the legal regime for any of the branches of law, an appropriate variety can be distinguished. The legal regime governing ordinary relations belongs to substantive law, and those serving them to procedural law. The material regime regulates the rights and obligations of subjects of law with the correct development of social relations. The procedural regime is of a service nature and ensures the activities of the justice system and law enforcement agencies in the implementation of their functions.
Due to their multilevel nature, the legal regimes according to the sphere of action are rather difficult to differentiate. Therefore, we can designate them as general object mode, special object mode and possible sub-modes and auxiliary modes.
One of the classifications of the legal regime is the classification by time. Permanent legal regime - the period of validity for this regime is not established and it remains in effect until it is completely canceled. Temporary regimes include regimes that are in place for a certain period. These regimes include the state of emergency.
One of the important divisions of legal regimes is the division of legal regimes into permissive and prohibitive ones. This classification applicable to information legal regimes.
Gorodov O.A. defines such regimes as preferential and limited. He refers information resources of free access to preferential legal regimes. He refers to limited legal regimes as legal regimes state secrets and confidential information. Restrictive regimes in information law refer to information that is not intended for wide distribution and is subject to legal protection from unauthorized access. The main purpose of the legal regime is to ensure information security.
The Law of the Russian Federation dated 05.03.1992 No. 2446-I "On Security" defined security as a state of protection of the vital interests of the individual, society and the state from internal and external threats.
The main security objects can be defined:
1) State - constitutional order, territorial integrity and sovereignty.
2) Society - spiritual and material values
3) Personality - rights and freedom
In the Russian Federation, for an effective level of security of security facilities, a system of legal norms is being developed, the task of which is to regulate relations in the field of security, the formation and transformation of bodies entrusted with security responsibilities, and the determination of the main directions of activities of public authorities. New stages in the development of society are characterized by an increase in the role information sphere... The information sphere has an active influence on the security of political, economic and defense structures in the Russian Federation.
The most important component of information security is the protection of the information sphere. Three main areas of information protection are identified:
1) Protection of society and the state from harmful information;
2) Protection of information from unauthorized access and impact on it;
3) Protection of the rights of individuals and legal entities to information.
In general, restrictive information modes allow all these goals to be achieved.
After drawing up the concept of legal regimes, let us consider what is meant by an official secret. The Civil Code of the Russian Federation in Art. 139 defined as an official secret information constituting an official or commercial secret, when the information has actual or potential commercial value due to its unknown to third parties, there is no free access to it on a legal basis, and the owner of the information takes measures to protect its confidentiality. Information that cannot constitute an official or commercial secret is determined by law and other legal acts.
But this interpretation has been severely criticized by scientists. Trakhtengerts L.A. considered that the information contained in official secrets may not have actual or potential commercial value, and the owner takes measures to protect it not so much because of its value, but because of the official duty.
According to G. Otnyukova, the main feature of official information should be the lack of civil turnover of the relevant information. This information cannot be the subject of civil law contracts and the main criterion for official information should be non-public accessibility.
After the adoption and entry into force of the 4th part Civil Code In the Russian Federation, this provision of the law has lost its legal force. At the moment, the legislation of the Russian Federation does not have a clearly formulated concept of official secrets.
Federal Law of 10.12.2003 N 173-FZ "On Currency Regulation and Currency Control" imposes on the currency control authorities and officials the obligation to keep commercial, banking and official secrets that have become known to them in the exercise of their powers, but the law itself does not disclose the concept service secret.
Decree of the President of the Russian Federation of 06.03.1997 No. 188 "On Approval of the List of Confidential Information" defines information that may be classified as an official secret, but again does not disclose the concept of an official secret.
Federal Law of 22.04.1996 No. 39-FZ "On the Securities Market" contains the concept of official information, which is understood as any information that is not publicly available information about the issuer and the issued by him securities... Also, the law stipulates that persons with official information cannot use this information to conclude transactions and transfer it to third parties.
After analyzing these legislative acts, one can come to the conclusion that it is required to clearly unify the concept of official secret in the legislation of the Russian Federation. This imperfection in the legislation leads to numerous discussions in the doctrine of law. According to some authors, proprietary information can be defined as unclassified information of a proprietary nature.
According to V.N. Lopatin an official secret can be defined as legally protected confidential information, which became known in state bodies and local self-government bodies by virtue of the performance of official duties and on legal grounds. The author also defines the main features of official secrecy:
1) Use of official activities of state authorities and local authorities;
2) Functioning in the mode of "own official" secret;
3) Non-extension of the status of state secrets to this regime.
To date, a draft law on the Federal Law “On Official Secrets” has been developed, which has not yet been adopted. In this draft law, an official secret is defined as confidential information generated in the course of the administrative activities of a body or organization, the dissemination of which violates the rights and freedoms of citizens, prevents the body or organization from exercising the powers granted to it, or otherwise negatively affects their implementation, as well as confidential information received body or organization in accordance with their competence in the manner prescribed by law. The explanatory note to the draft law contains its conceptual provisions. However, not many authors agree with the concept of the Explanatory Note. The main issue of the dispute arises around the sphere of activity of official secrets. In the bill, information constituting an official secret functions in the system of state and municipal service... Lopatin V.N. also agree with this opinion. and Sokolova O.S.
Another opinion is expressed by O.A. Gorodova. From her point of view, information of an official nature can also circulate in institutions and organizations in which official relations take place.
Gavrilov E.P. with regard to official secrets considers that this is the same trade secret, but became available to third parties to whom the secret was provided by its owner.
The problem of legal regulation of establishing a regime of access to information resources is very relevant today.
Starting from the concept of a legal regime and ending with its classification, there is no consensus on this issue. Each author gives his own concept and features of the legal regime. But everyone adheres to certain attitudes. First, all authors consider the legal regime as a specific regulator of social relations. Secondly, a set of measures and means are included in the legal regime. The legal regime can be classified in a large number of variations and ways, while its classification can change with the development of any branch of law. In my opinion, the classification of information and legal regimes should be divided into public and limitedly available, which makes it possible to more effectively ensure security. information resources... Thus, the circle of persons is determined who can receive this or that information without violating the security of information resources.
The problem is more complicated in the concept of official secrecy. There is no precise definition of this concept in the legislation, which leads to low efficiency and imperfection of the current legislation. Many legislative legal acts mention official secrets, but due to the lack of of this concept it becomes difficult to use these legislative acts and controversial issues that are difficult to resolve without the intervention of the judiciary. For an accurate formulation of the concept of official secrecy, it is necessary to determine which field of activity this concept will cover. I believe that the concept of official secrecy should cover all areas of activity where personal data is used in order to more effectively ensure the security of the rights and freedoms of citizens. In my understanding, a service secret is confidential information generated in the course of the management activities of a body or organization, obtained legally in the performance of official duties and assigning additional responsibility for the dissemination of this information to third parties.
§2.2. Features of offenses related to the use of information technology and the exercise of the right to information.
After analyzing the previous paragraph, we came to the conclusion that the task of the information legal regime is to ensure the security of the information resources of the Russian Federation. The official secret determines what information is protected by the rule of law. In this paragraph, I want to analyze possible offenses related to the use of information technology and the exercise of the right to information.
To begin with, we will determine which citizens can be classified as civil servants. Federal Law of 27.07.2004 No. 79-FZ "On the State Civil Service of the Russian Federation" defines the state civil service as a professional service activity of citizens of the Russian Federation to ensure the execution of powers. The law will also be determined by the state authorities in which the service activity... These include federal government bodies, government bodies of the constituent entities of the Russian Federation. Thus, the law defines citizens who are officials.
A service secret protects confidential information, which consists of personal data. The concept of personal data is established by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data", which defines this term as any information relating directly or indirectly to a specific or identifiable individual. Such data include surname, name, patronymic, date of birth and place of birth, address, marital status, social status, property status, education, profession, income and other information related to an individual. This information can be processed by the operator. This federal law determines that the operator can be state and municipal authorities, individuals and legal entities who process personal data, determine the purpose of processing personal data and other actions performed with personal data. To be able to process personal data, you need to obtain permission of this person... But the law also provides for the possibility of processing personal data without permission, subject to the achievement of the goal and the implementation and implementation of the functions, powers and duties imposed by the legislation of the Russian Federation on the operator. This provides the processing of personal data to officials without the permission of the person whose data is being processed. The Federal Law "On Personal Data" does not establish liability for violation of the processing of personal data.
The norms of laws defining responsibility for violation of legislation on personal data are specified in the Code of Administrative Offenses of the Russian Federation, the Criminal Code and Labor Code Russian Federation.
The list of violations providing for liability for violation of the requirements of legislation in the field of personal data in the Code of Administrative Offenses of the Russian Federation is quite extensive. The Code defines what actions violate the processing of personal data. These actions include:
1) Unlawful refusal to provide a citizen with information about the processing of his personal data;
2) Violation of the procedure established by law for the collection, storage, use or dissemination of information about citizens;
3) Use of non-certified information systems, databases of data banks, as well as non-certified information security means;
4) Disclosure of personal data.
The Code of Administrative Offenses of the Russian Federation clearly defines the responsibility of officials for violation of the processing of personal data and improves the efficiency of data security. Also, administrative responsibility can be applied in relation to persons providing services for technical protection information, in particular for carrying out activities without a license, or in violation of the conditions provided for by a license to carry out activities in the field of information protection.
In accordance with the norms Russian legislation, To criminal liability only individuals who have committed a crime infringing on the interests of the state, society and the individual can be involved.
We can say that it is the norms of the Criminal Code of the Russian Federation that reflect the "main goal" of the Federal Law "On Personal Data" - to protect the interests of the subjects. In particular, liability is provided for the following types of violation:
Illegal collection or dissemination of information about privacy persons who constitute his personal or family secret, without his consent, or the dissemination of this information in a public speech, publicly displayed work or in the media. An aggravating circumstance for this type of violation is the given offense committed using one's official position.
For illegal access to legally protected computer information, that is, information on a machine medium, in a computer, a computer system or their network, if this act entailed the destruction, blocking, modification or copying of information, disruption of the operation of a computer, computer system or their network.
Now let's consider the offenses of officials related to information technology. This issue is not considered in the legislation of the Russian Federation, thus these offenses remain unpunished. Consider the example of an official. Automated fixation center employee administrative offenses draws up a protocol received from a video surveillance camera. Upon receipt of the information, a failure occurred in the system and the penalty for this violation changed to a smaller or larger side. The protocol was sent to a citizen who violated the traffic rules. If an error is detected in the protocol, the question arises who will be held responsible for this error. In the Code of Administrative Offenses of the Russian Federation, there is no legal norm that would make an official responsible for this offense. As a result, the employee of the center for automated recording of administrative offenses who drew up a protocol with an error was not punished. And a citizen who has received a decision on an administrative offense, using his rights and obligations, can only cancel this decision. Let's consider this issue from the other side. The citizen, using computer technology, hacked the video recording system of traffic offenses and disabled it. At the same time, the damage was not incurred, and the citizen did not receive the benefit from this offense. As a result, the citizen does not bear any responsibility. To increase the effectiveness of the legislation of the Russian Federation, it is necessary to introduce norms into legislative acts that will make it possible to bring to justice citizens and officials associated with offenses in the field of information technology.
Having analyzed the features of the offenses related to the use of information technology and the exercise of the right to information, we can come to the following conclusion.
Offenses related to the exercise of the right to information are currently fully considered in the legislation of the Russian Federation from all sides. Federal Law of July 27, 2006 N 152-FZ "On Personal Data" fully defines the concepts used in this law, defines possible mechanisms and actions when processing personal data, lists the rights and obligations of the participants in this regulatory act. The Code of Administrative Offenses of the Russian Federation precisely defines responsibility for violation of the processing of personal data, determines the subjects on whom this responsibility is assigned.
The offenses related to the use of information technologies in the legislative act do not have norms according to which one can be held accountable. Based on this, I propose to introduce norms into the Code of Administrative Offenses:
13.31. In the event that an official makes a mistake when using information technologies and performing the official duties assigned to him, which entailed a violation
shall entail the imposition of an administrative fine on an official from five to ten thousand.
13.32. Breaking information system with the help of information technology, as a result of which no material damage was caused, and there was no purpose of obtaining benefits
shall entail the imposition of an administrative fine on citizens from two to four thousand rubles; for an official from five to eight thousand rubles.
§2.3. Organization and legal regulation of the use of automated information systems and devices for automatic recording of violations in the field of road safety
Road safety is the state of the process of movement of people and goods with or without vehicles within roads, reflecting the degree of protection of its participants from road accidents and their consequences. Road traffic accidents are one of the most dangerous threats to the health and life of people around the world. The damage from road traffic accidents exceeds the damage from all other traffic accidents combined. The main indicator of road safety is road traffic accidents. The problem of accidents, in the last decade, has become especially acute due to the inadequacy of the road transport infrastructure to the needs of society and the state in safe road traffic, insufficient efficiency of the road safety system, and extremely low discipline of road users. Over three quarters of all road traffic accidents are associated with violations of traffic rules by vehicle drivers.
Compliance with the rules is the main condition for preventing accidents and ensuring road safety. State and public influence on road users in order to form stable stereotypes of law-abiding behavior on the streets and highways of our country is still at an insufficient level. In turn, this causes undisciplined behavior of road users, negligent attitude towards the execution of imposed administrative penalties. A significant impact on road users in order to increase the awareness of responsibility is possible by solving the following tasks of comprehensively strengthening the control of traffic violations:
1.control of the behavior of road users in the part compliance with traffic rules;
2. control over the execution of the prescribed penalties for traffic violations.
The solution of the designated tasks should be carried out with the fullest possible consideration of the interests of citizens. The solution to the first problem is carried out using special technical means automatic recording of administrative offenses. The introduction of means of photo and video recording increases the number of detected violations from 30 to 80 percent of the total number of recorded violations. However, on the way to solving this problem, the problem arises of combining into a single data center system of administrative materials on violations of traffic rules, recorded by special technical means with the functions of photography and filming, video recording, operating in automatic mode, and a subsystem of administrative practice. At the same time, regional CAFs are often built on dissimilar equipment, which, on the one hand, is due to such a positive phenomenon as the development of these systems in the course of general technical progress, on the other hand, causes difficulties in standardizing and integrating these systems. The solution of the second problem, in turn, is a complex of organizational and technical measures aimed at organizing the operational interaction of the State Traffic Inspectorate with citizens and third-party structures. The basis for interaction should be a closed information system that ensures effective interaction with the State Traffic Inspectorate:
1) with the Russian Post regarding the transfer of decisions on offenses recorded in the automatic mode and obtaining the status of delivery;
2) with citizens in terms of providing information on the availability unpaid fines for administrative offenses and information about these offenses;
3) with financial institutions in terms of obtaining information about the status of payment for resolutions and transferring information to provide it to citizens;
4) with subdivisions Federal Service bailiffs regarding the transfer of cases of unpaid fines;
Also, a closed information system ensures the prompt provision of traffic police officers with up-to-date information about the presence of unpaid fines from the inspected subjects. The implementation of a closed information system of this level in our time is significantly simplified, since it relies on successfully solved infrastructure problems: the use of an electronic signature allows you to switch from paper workflow to electronic, and, therefore, significantly speed up the exchange of data, many structures successfully operate their own information systems, and the tasks of organizing interaction are reduced to the integration of heterogeneous information systems without the need for additional translation into electronic document management business processes in these systems, the capacity of modern equipment is sufficient to build effective regional-level data processing centers at minimal cost, the presence of successful experience in the integration of heterogeneous systems. The introduction of a closed information system of interaction not only solves the above-mentioned urgent tasks of the State Traffic Inspectorate, but also creates a reliable basis for the further construction of specialized systems for automating the activities of operational-search departments and divisions of the ministries of the interior.
ADMINISTRATIVE AND LEGAL FRAMEWORK OF ROAD SAFETY
© NAZAROV Valery Yurievich
Candidate of Legal Sciences, Chairman of the Council of the Educational and Methodological Association educational institutions professional education in the field of forensic examination, head of the Saratov Law Institute of the Ministry of Internal Affairs of Russia.
@ (845-2) 640-455, AND [email protected]
The legal basis for the regulation of road traffic is determined. The optimal variant of the compromise between the motives of behavior of road users and the motives of ensuring safety on the roads is proposed.
Key words: traffic organization, vehicles.
Administrative and legal regulation of the organization of road traffic is one of the most pressing topics discussed both at the level of ministries and departments, and by ordinary citizens - road users. Due to the particular importance of the problems arising in this regard, it is necessary to designate a conceptual series. Road traffic is considered by the author as a set of social relations, the essence and content of which predetermine the necessity and possibility of administrative and legal regulation in the field of road traffic, as well as the purpose and means of such regulation.
Prior to the normative consolidation of this concept, a technocratic approach prevailed in the literature, where the emphasis was on the mechanical aspect of road traffic, on presenting it as "a set of pedestrians and various types of vehicles driven by people participating in the movement." The social aspect of road traffic was expressed only in the indication that “the actions of road users - drivers, pedestrians and passengers are determined by special
the rules ". At the same time, in studies of the problems of administrative and legal regulation in the field of road traffic, the main attention was paid to its law enforcement aspect.
In the Federal Law of December 10, 1995 No. 196-FZ "On Road Safety", legislators defined road traffic as "a set of social relations arising in the process of moving people and goods with or without vehicles within roads" (Art. 2).
The definition, taken in a number of documents, leaves no doubt that it needs corrective and clarifying additions. An attempt to study the problems of administrative and legal regulation in the law enforcement aspect was undertaken by S.A. Radionov, who approached the consideration of road traffic as a sphere of realizing the transport needs of society and substantiated a number of provisions on the organization of road traffic as a legal form of management. V.S.Kurakov in his works highlighted the issues of the administrative and legal status of drivers in terms of the acquisition and termination of
driving license. However, the category of administrative and legal regulation of traffic in science has not received wide development. As before, the research topics are dominated by developments of an administrative and jurisdictional nature. It seems that one of the reasons for this lies in the insufficient disclosure of the content of public relations that form road traffic, as a subject of administrative and legal regulation.
Social relations that form road traffic arise in the process of movement of people and goods. Spatial movement of people, objects, means, products of their labor is an integral part of material production, people's activities in the socio-cultural and administrative-political spheres, which allows us to define it as an urgent social and personal need.
The effectiveness of satisfying the need for movement is determined by the costs that must be made to carry out the movement. The priority of time costs is due to the specific position of road traffic, which acts both as an independent system and as an integral part of other socio-economic systems in the life of society and the state. The time spent on moving is usually wasted in relation to the tasks that these systems solve. Therefore, the less time spent on moving, the higher, other things being equal, the efficiency of this process. This circumstance is the most important factor determining the nature of the studied social relations.
Thus, the first feature of the studied social relations is that they arise in connection with the satisfaction of social and personal needs for the spatial movement of people, objects, means, products of their labor in accordance with the time spent on movement.
The movement of people and goods is carried out on roads using vehicles, that is, devices designed to transport people, goods or equipment installed on them on the roads. A road is a strip of land equipped or adapted and used for the movement of vehicles or the surface of an artificial structure, which includes one or more carriageways, as well as tramways, sidewalks, shoulders and dividing strips.
Vehicles and roads together form a single road transport equipment, which includes active and passive components. The active component directly ensures the implementation of those functions for which the equipment is intended. Passive - designed to create conditions for the fullest possible realization of the capabilities of active technology. In road traffic, the active component is formed by vehicles. Roads, referring to the passive component of road transport equipment, determine the conditions in which the implementation of the movement of vehicles is carried out.
Vehicles have a transport potential that depends on the power of the engine. The potential predetermines the minimum time limits. Simultaneously with the beginning of the movement of vehicles on the road, that is, the realization of their transport potential, negative properties of vehicles begin to manifest themselves - there is a danger of a road accident. A moving vehicle has such a reserve of kinetic and potential energy that is capable of producing a destructive effect. The potential danger of the movement of vehicles materializes into real harmful consequences in the event of road accidents that interrupt the movement process1. And the more the properties of technology are manifested, which determine its ability to carry out transport work with minimal time consumption, the higher, other things being equal, the probability of road accidents and the possible severity of their consequences. VV Lukyanov was the first to point out this dialectical contradiction inherent in road transport technology - "speed-danger".
The time spent on movement is set primarily by the distance over which it should be carried out. The minimum costs are achieved with the maximum use of the traction and dynamic potential of vehicles, the physical capabilities of pedestrians and when driving along sections of the road network that provides the shortest path from the point of departure to the point of destination. A threat
1 In the Federal Law "On Road Safety", a road traffic accident is defined as an event that occurred during the movement of a vehicle on the road and with its participation, leading to the death or injury of people, damage to vehicles, structures, cargo, and other material damage.
the occurrence of road accidents dictates the need to reduce the speed of movement in relation to the maximum possible, up to a complete stop.
Road traffic accidents are collisions of vehicles with each other, their overturning, collisions with pedestrians or obstacles, falls of passengers, and other similar events1. That is, mechanically, accidents are the result of a violation of stability and / or autonomy of vehicle movement. Thus, the potential speed capabilities, as well as the direction of movement, can be realized only to the extent that the stability and autonomy of the movement of vehicles are ensured.
The likelihood of a violation of stability when a vehicle moves at a specific speed is determined by the state of such properties of equipment as the grip of the wheels of vehicles, the coverage of the carriageway, the stability of the vehicle against overturning, the geometric parameters of the road, and others. Violation of the autonomy of the vehicle movement is possible due to the limited area of the roads; the presence of road intersections with each other and with railways; differences in the speed capabilities of vehicles and the resulting differences in overtaking, changing lanes and other vehicle maneuvers; simultaneous use of roads for transport and pedestrian traffic; actions of other factors derived from the characteristics of road transport equipment.
The second significant feature of social relations that form road traffic is that they arise in the process of using road transport equipment to move people and cargo, which is objectively inherent in contradictory properties.
Public relations can be the subject of legal regulation only when they act as volitional relations. It is the volitional behavior of people that is the direct subject of legal regulation. The spatial movement of people and goods using road transport equipment appears to be the result of conscious volitional actions to control the movement of vehicles on the road, walking or
1 Rules for the registration of road accidents. Approved by the Decree of the Government of the Russian Federation of June 29, 1995 No. 647 // Collected Legislation of the Russian Federation. - 1995. - No. 28. - Art. 2681.
travel to vehicles without managing them.
People performing these social roles are drivers, pedestrians, and passengers. The strong-willed nature of the behavior of road users determines the possibility of legal regulation of the relations arising between them. The essence of the activity of road users, which creates the need for legal regulation, is realized in finding the optimal compromise between minimizing travel time and the need to ensure its safety.
This situation is manifested in the general laws of relations between people and the technology they have created. The use of technology fundamentally expands the range of a person's capabilities to meet existing needs, thereby materializing the freedom of his behavior, determined by the ability to achieve the set goals in accordance with his interests. But at the same time, technology also has a negative impact on various aspects of the life of society. This objectively limits the freedom to use the basic consumer properties of technology, which can be realized only to the extent that the negative consequences are recognized as acceptable for society. The energy potential of vehicles and the physical capabilities of pedestrians reflect the maximum freedom that road users have in terms of minimizing the time spent on meeting the transport needs of society. However, freedom of movement is objectively limited by the state and properties of road transport equipment, which determine the stability and autonomy of the movement of vehicles.
In the science of psychology, the behavior characteristic of the activities of road users is interpreted as behavior in conditions of risk. The greatest difficulty lies in the behavior of drivers, as well as pedestrians - road users who actively use the capabilities of technology. Passengers are mostly passive. The term behavior under risk means actions in an ambiguous situation, which arises if two conditions are realized: 1) in a certain initial state, the subject, in order to achieve a goal, is forced to make a decision on how to achieve it and implement alternative actions; 2) failure to achieve the chosen goal is perceived by the subject as a result that is more undesirable than the initial one
position, while achieving it is preferable in comparison with other alternatives. Thus, behavior under risk conditions is characterized by the presence of a conflict situation, when each increase in the probability of one outcome is associated with its decrease for another.
For a road user, the risk situation is that he has two opposite motives for his actions: the desire to minimize the time spent, which involves achieving maximum speed and moving along the shortest possible trajectory, and the desire for safety, aimed at preventing the alleged negative consequences of his road behavior. ... The conflict of motives ends with a decision on the mode (speed and direction) of movement, which reflects the ratio of motives. Ignoring any of them can bring traffic to the point of absurdity. The neglect of the safety motive leads to road accidents. At the same time, excessive caution negatively affects the efficiency of meeting transport needs.
The best option for a decision on the driving mode is a compromise between the fundamental motives of the behavior of the road user, which ensures safe movement with a minimum of time, and the safety motive should be paramount.
Deciding on the driving mode is central to the management of vehicle traffic on the road, as well as walking. It is preceded by the reception and processing of information about the state of the road traffic situation and forecasting its development. The condition for the optimal choice is timely received, complete information about the presence and state of factors that objectively limit the possibilities of manifestation of freedom of movement, and the most accurate forecast of the development of the road traffic situation, including the actions of other road users. Fulfillment of these requirements dictates the need for an external orderly influence on the behavior of road users in the process of preparing, making and implementing decisions on traffic regimes, which would ensure the consistency of their actions with traffic conditions and would resolve possible conflicts over the use of the road area for movement in advance. This means that road traffic needs legal
regulation - regulatory and organizational impact on its constituent social relations, carried out using a system of legal means (legal norms, legal relations, individual prescriptions, etc.) in order to streamline them, protect and develop.
Legal regulation is implemented by various methods. The specificity of public relations constituting road traffic determines that their ordering requires the use of the method of administrative and legal regulation, through which it should be established legal order road traffic, ensuring the safe movement of people and goods with or without vehicles within the road with a minimum waste of time. These are the main prerequisites that determine the possibility and necessity of administrative and legal regulation in the field of road traffic, arising from the peculiarities of existing social relations in this area.
The primary basis of legal regulation itself is formed by a legal norm - a generally binding rule legally established or sanctioned by the state, from which follows the rights and obligations of participants in public relations, whose actions are intended to regulate this rule as a model, standard, model of behavior. For legal norm a special structure is characteristic, that is, a special arrangement of content, a connection and the ratio of its constituent elements.
In the theory of law, logical legal regulations and norms-prescriptions. Logical norms are contained either in several articles of one normative act, or in articles of different normative acts. Norms-prescriptions, as a rule, correspond to the primary structure of the text of the normative act (article, paragraph, paragraph of the article, a specific phrase of the text). The logical norm includes three main elements: hypothesis, disposition, sanction. The hypothesis contains a list of conditions under which the norm is valid. The disposition indicates the essence and content of the very rule of behavior of participants in social relations under the conditions defined in the hypothesis, the rights and obligations that they have at the same time. A sanction is a part of a rule that sets out the measures to be taken in case of non-compliance. Norms-prescriptions are subdivided into regulatory (directly regulate social relations by granting participants rights and imposing duties on them) and protective (regulate measures legal responsibility other
measures of state legal coercion). Regulatory norms-prescriptions include hypothesis and disposition, protective norms - hypothesis and sanction.
The basis of administrative and legal regulation in the field of road traffic is the regulatory norms contained in the Federal Law "On Road Safety". Of paramount importance is the “right of road users to move freely and unimpeded on the roads” regulated in the Law (part 3 of article 24). This means that the “cornerstone” of road traffic regulation is the general authorization of road users to use their options to minimize travel times. At the same time, it was established that movement should be carried out in accordance with and on the basis of established rules that restrict the possibility of manifestation of freedom of movement either by positive obligation to perform certain actions, or by prohibiting their commission.
In the aggregate of the rules specified in the legislation, the rules of the road have priority. In accordance with the law, it is the Traffic Rules that establish a unified traffic order on the territory of the Russian Federation1. The approval of this document is within the competence of the Government of the Russian Federation. In paragraph 1.1 current Regulations it is stipulated that other regulations relating to road traffic should be based on the requirements of the Rules and not contradict them.
The Rules contain a general positive obligation on road users to ensure the safety of movement. It consists in the fact that road users must act in such a way as not to create danger and not cause harm (paragraph 1.5 of the Rules). Thus, they undertake to prevent by their actions the occurrence of road accidents.
1 The current Traffic Rules were approved by the Decree of the Government of the Russian Federation dated October 23, 1993 No. 1090 // CAPP RF, 1993. - No. 47. - Art. 4531.
actions in appropriate situations or prohibitions on their commission.
On the basis of positive commitments, the regulation of the actions of drivers is carried out when setting the speed of movement, choosing the distance to the vehicle in front and the lateral interval when performing various maneuvers. Examples of this are driver requirements:
Drive the vehicle at a speed not exceeding the established limit, taking into account the traffic intensity, characteristics and condition of the vehicle and cargo, road and weather conditions, in particular visibility in the direction of travel;
Maintain such a distance from the vehicle in front that would avoid a collision, as well as the necessary lateral spacing to ensure traffic safety;
Before starting a movement, changing lanes, turning (turning) and stopping, give signals with direction indicators of the corresponding direction; when entering the road from the adjacent territory, give way to vehicles and pedestrians moving along it, when changing lanes, give way to vehicles moving along the way without changing direction;
Before starting to overtake, make sure that the lane into which he intends to enter is free at a sufficient distance for overtaking, etc.
By means of positive commitments, the regulation of the actions of pedestrians when they move on the road and when crossing the carriageway, as well as when traveling in a vehicle, embarking and disembarking, is carried out.
Positive commitments are also used to resolve conflicts between drivers and between drivers and pedestrians over the use of the carriageway at "conflict points" (intersections, pedestrian crossings, stopping places public transport). For example, at an intersection, when turning left or right, the driver must give way to pedestrians crossing the carriageway on which he is turning, as well as cyclists crossing it along the marked paths. On the basis of positive commitments, the procedure for the use of external light devices and sound signals, as well as the procedure for the use of an alarm and a sign have been established emergency stop providing informational interaction of participants
road traffic. Examples of bans on certain actions are prohibitions: driving on dividing lanes and shoulders, sidewalks and footpaths; exceeding the maximum speed determined by the technical characteristics of the vehicle; overtaking at regulated intersections with an exit to the oncoming lane, at pedestrian crossings if there are pedestrians on them; stopping a vehicle on tram tracks, as well as in the immediate vicinity of them, if this interferes with the movement of trams; exit to an intersection or intersection of carriageways, if a traffic jam has formed, which will force the driver to stop, creating an obstacle to the movement of vehicles in the lateral direction.
Passengers are prohibited from standing, sitting on the sides or on a load above the boards when traveling in a truck with an onboard platform, or opening the doors of the vehicle while driving.
Traffic rules also contain other positive obligations and prohibitions for drivers, which are not limited to the regulation of their actions in various traffic situations and information interaction. In particular, the requirements for towing power-driven vehicles, the implementation of training driving, the transportation of passengers and goods, and others have been established.
Public relations that form road traffic are so diverse that it is impossible to fully ensure their legal regulation only with the help of the Road Traffic Rules. Additional measures are required to optimize the traffic order, to streamline the relations between its participants in relation to the specific characteristics of the road network, traffic parameters and pedestrian flows, the types of traffic carried out, the action of other factors affecting the modes of movement of vehicles and pedestrians, and how the consequence is on road safety. This is achieved through the use of the so-called technical means of traffic management. Clause 1.3 of the Rules of the road stipulates that road users are obliged to know and comply with the requirements related to them not only of the Rules, but also of traffic lights, signs and markings, as well as follow the orders of the traffic controllers acting within the limits of the rights granted to them and regulating road traffic established signals. Based on the use of technical means
a set of regulatory, organizational and technical measures is being carried out, which, together with administrative actions, is defined in the Federal Law "On Road Safety" as the organization of road traffic.
Failure to comply with the Traffic Regulations, as well as the requirements put into effect with the help of technical means of traffic control or administrative actions of traffic controllers, entails the application of administrative and legal coercion measures to the guilty persons, including measures administrative responsibility... The procedure for the application of these measures is established by protective regulations-prescriptions. The source of these norms is, first of all, the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation).
The material composition of administrative offenses, for the commission of which punishments may be imposed on road users, are established in Chapter 12 of the Administrative Offenses Code of the Russian Federation "Administrative Offenses in the Field of Road Traffic", as well as in a number of articles of Chapter 8 "Administrative Offenses in the Field of Environmental Protection and Natural Resource Use" , chapter 11 "Administrative offenses in the field of transport" and chapter 19 "Administrative offenses against the management order". For the commission of the offenses presented in the indicated chapters of the Code of Administrative Offenses of the Russian Federation, a warning, a fine, deprivation of the right to drive, confiscation of illegally installed light and sound signals, and administrative arrest may be imposed.
In addition to measures of administrative responsibility, other measures of administrative and legal coercion established in the Code of Administrative Offenses of the Russian Federation, as well as in the Law of the Russian Federation "On Police" and in the Federal Law "On Road Safety" can be applied to road users. Analysis of these normative legal acts allows us to distinguish three groups of measures of administrative and legal coercion: administrative preventive measures; measures of administrative restraint; measures to ensure production in cases of administrative offenses.
Administrative and preventive ^ 1m measures, which are of a coercive nature, include: stopping vehicles, checking documents, inspecting the vehicle and cargo.
The measures of administrative restraint, which are applied in order to prevent more serious consequences of already committed administrative offenses, include:
pursuit of a vehicle whose driver has committed an offense; stopping a vehicle for the purpose of suppressing an offense, including with the use of special means and firearms; suspension from driving a vehicle; detention of a vehicle; prohibition of the operation of the vehicle.
Measures to ensure the proceedings in cases of administrative offenses are applied in order to obtain evidence of the commission of an administrative offense, as well as to create conditions for the consideration of an administrative case and the execution of punishment. These are: delivery; administrative detention; Personal inspection; inspection of things and vehicles; withdrawal of a driver's license; conducting an examination for the state of intoxication at the place of revealing sufficient grounds, referral for a medical examination for the state of intoxication; medical examination; arrest of a vehicle, drive.
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Organization of traffic: a textbook for universities. 3rd ed., Rev. and add. - M .: Transport, 1992. - ISBN 5-277-01049-1.
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13. Alekseev S.S. General theory of law: in 2 volumes. T. 1. - M .: Jurid. lit., 1981.
14. Klebelsberg D. Transport psychology: trans. with him. / ed. V. B. Mazurkevich. - M: Transport, 1989.
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16. Bulletin of the Supreme Soviet of the RSFSR. - 1991. - No. 16. - Art. 503 (with amendments and additions).
According to a study by VTsIOM, 86% of Russians consider the problem of road safety relevant, 38% said that among their relatives or friends there are people who have been injured or killed in car accidents. Indiscipline of drivers 66% named the main cause of road accidents in which people die.
Among the main reasons for traffic violations, 50% of the population named the low cultural level of road users, considering it the most important problem. At the second level, there are insufficiently tough sanctions for violation of traffic rules, followed by ineffective traffic management and the availability of privileges for individual drivers.
There is a consensus in the society with respect to the main initiatives to ensure road safety: proposals are being considered to toughen penalties for drunk driving, repeated violations and aggressive driving; installation of video surveillance, recording the actions of the driver and all his communications with the State Traffic Inspectorate inspectors; equipping with video recorders of vehicles carrying passengers.
Discussing possible measures to improve the road situation, the experts identified two main areas: the need to develop road infrastructure and improve the organization of traffic, as well as (1) improve the culture on the roads, (2) create a rejection of traffic violations in society.
Taking into account the systemic changes in the legislation on administrative offenses in the direction of increasing the size of administrative punishments, as well as the introduction of new elements of administrative offenses into the Code of Administrative Offenses, including by transferring them from other codified acts, it is necessary to state the fact that the results of monitoring legislation indicate that that the process of strengthening administrative responsibility for violations of traffic rules for individual offenses in the field of road traffic has already crossed the border, beyond which the deterrent effect of administrative punishment begins to decline. This phenomenon has long been known legal science... For example, the statistics of accidents occurring due to the fault of drunk drivers confirms this.
It should also be noted that Constitutional Court The Russian Federation has repeatedly drawn the legislator's attention to the inadmissibility of converting an administrative fine from a measure of influence aimed at preventing offenses into an instrument of excessive restriction of citizens' property rights, incompatible with the requirements of justice when imposing an administrative penalty.
Based on the foregoing, it can be concluded that the strengthening of administrative responsibility in the field of road traffic will lead to positive results only in those cases when the constitutional requirements of proportionality and individualization of legal responsibility are taken into account; when establishing the appropriate rules for the appointment and execution of administrative punishments, the criteria should be taken into account, allowing due consideration of the property and financial situation of the person brought to administrative responsibility.
The main burden of traffic supervision lies with the traffic police of the Ministry of Internal Affairs of Russia (State Traffic Inspectorate). Subdivisions of the State Traffic Inspectorate systematically monitor the compliance of the behavior of road users at road transport infrastructure with the requirements of traffic rules, take measures to prevent, detect and suppress traffic offenses.
Road safety in accordance with the Federal Law of December 10, 1995 No. 196-FZ "On Road Safety" is considered as the state of the road traffic process, reflecting the degree of protection of its participants from road accidents and their consequences. From the given legislative definition, considered in conjunction with related concepts, it follows that road safety is a state that must be characterized by specific quantitative indicators, otherwise it would be impossible to establish the degree of protection of road users. The legislator rightly considers road traffic accidents to be the main threat to road safety. At the same time, the safety of road users is threatened not only by the events of road accidents, but also by the inaction or insufficiently effective action of subjects designed to reduce the severity of the consequences of road accidents (State traffic inspectorate, emergency services, medical workers).
The Federal Law "On Road Safety" defines road safety as an activity aimed at preventing the causes of road accidents, reducing the severity of their consequences.
The main areas of activity road safety actors are: (1) establishment of powers and responsibilities of the Government of the Russian Federation, federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies; coordination of the activities of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local government bodies, public associations, legal entities and individuals in order to prevent road accidents and reduce the severity of their consequences; (2) development and approval in the prescribed manner of legislative and other regulatory legal acts on road safety issues: technical regulations, rules, standards, technical regulations and other normative documents; (3) carrying out traffic management activities; (4) organization of training for drivers of vehicles and education of citizens on the rules and requirements of traffic safety; (5) the implementation of federal state supervision in the field of road safety.
Of the listed areas of road safety, legal ones are distinguished - the main elements of the legal mechanism for ensuring road safety: rule-making, permissive (certification, licensing, admission to participation in road traffic in other forms) and control and supervisory law enforcement activities. The Federal Law "On Road Safety" does not name jurisdictional means - administrative, criminal and civil liability. At the same time, administrative responsibility has always been considered by the legislator and the ATS leadership (and by a significant part of Russian society) as one of the main means of influencing the behavior of road users. In addition to legal means, other means are involved in ensuring road safety - organizational, financial and other means, but dominating over administrative and legal relations.
The legal mechanism for ensuring road safety is based on legal norms, which indicates that this activity belongs to legal regulation, the mechanism of which is formed by legal norms, legal relations and acts of implementation of the law. The entire set of legal norms governing road safety is a fairly voluminous legal array in which six blocks, named in the Federal Law "On Road Safety": (1) establishment of powers of subjects of ensuring road safety; (2) establishing regulatory requirements to road users; (3) establishing regulatory requirements for vehicles; (4) the establishment of regulatory requirements for the objects of the road network; (5) establishing rules of conduct for road users; (6) establishing legal guarantees implementation of the above-mentioned regulatory requirements - administrative responsibility.
The main regulatory legal acts in the field of road safety for road users are: Federal Law "On Road Safety", the Code of Administrative Offenses of the Russian Federation, traffic rules, Basic provisions on the admission of vehicles to operation and duties of officials to ensure road safety (Basic Provisions) and others. There are also a number of legislative and by-laws, references to which are contained in the specified regulations.
The main regulatory legal act that defines the rights and obligations of road users - Traffic Laws.
Traffic rules determine the requirements for the location, movement and maneuvering of vehicles on the carriageway, including regulating the speed of movement in settlements and outside settlements, the conditions for overtaking and oncoming passing, stopping and parking of vehicles, establish the peculiarities of movement on certain objects, such as intersections, pedestrian crossings, stopping places of route vehicles, railways, highways, residential areas and others, fix the conditions for the use of external light devices and sound signals, requirements for the transportation of people and goods, establish additional requirements for the movement of bicycles, mopeds, horse-drawn carts, as well as driving animals, and also regulate other issues directly related to to road traffic and road safety.
Basic provisions on admission vehicles for operation and the duties of road safety officials determine the requirements for the technical condition and equipment of vehicles, provisions concerning the duties of officials of enterprises, organizations and institutions in the field of road safety. By this act operation prohibited: cars, buses, road trains, trailers, motorcycles, mopeds, tractors, trolley buses, trams and other self-propelled vehicles, if their technical condition and equipment do not meet the established requirements; vehicles that have not passed the state technical inspection; vehicles equipped without the appropriate permission with flashing beacons and (or) special sound signals, with special color-graphic schemes, inscriptions and designations applied to the outer surfaces that do not meet the state standards of the Russian Federation, without registration plates fixed in established places, which have hidden, counterfeit, changed numbers of units and assemblies or registration plates; vehicles, the owners of which have not insured their civil liability.
Composition of an administrative offense in the field of road traffic. Administrative offense in the field of road traffic - complex legal phenomenon... To characterize it, it is advisable to initially disclose the essence of road safety as an object of administrative and legal protection. In the specialized literature, there is an opinion that legal relations in the field of road traffic are specific social relations, regulated by the rule of law, with the participation of the triune combination "driver - vehicle - road". One cannot but agree that road traffic should be regulated by the appropriate administrative and legal norms. Without a clear system of permits and prohibitions in the field of mass exploitation of sources of increased danger, it is impossible to create conditions for the safety of road users.
The provisions Administrative Code of the Russian Federation as regards liability for violations in the field of road traffic, initiation of an administrative offense case, consideration of the case, changed in comparison with the Code of Administrative Offenses of the RSFSR (Code of Administrative Offenses of the RSFSR) 1984. Chapter 12 of the Code of Administrative Offenses of the Russian Federation "Administrative Offenses in the Field of Road Traffic" was the subject of the most heated discussions in the process of preparing its draft and discussion in the State Duma and the Federation Council Federal Assembly Russian Federation. After the adoption of the Code of Administrative Offenses of the Russian Federation, this chapter remains in the center of attention of specialists and the public. This is explained by the fact that virtually all citizens are road users.
Administrative Code of the Russian Federation has combined into a separate chapter (Chapter 12) administrative offenses in the field of road traffic. However, separate compositions of violations are disclosed in other chapters. So, for example, the release into operation of vehicles in excess of the standards for the content of pollutants in emissions or standards for noise levels entails liability under Art. 8.22 of the Code of Administrative Offenses of the Russian Federation, and violation of the rules for state registration of vehicles is qualified under Art. 19.22 of the Administrative Code of the Russian Federation.
The composition of an administrative offense is recognized as the totality of its objective and subjective features that characterize the actions (inaction), in the form of which the violation is expressed, as well as the person's attitude to the act committed by him.
The object of administrative offenses provided for in Chapter 12 of the Code of Administrative Offenses of the Russian Federation is road safety. Generic object violations of the MPC are public relations in the field of road traffic. The direct objects of these violations can be road safety, life, health, property of its participants, state, public property, etc.
The objective side characterizes the violation of traffic rules as an act of behavior of the relevant person, expressed in action or inaction, for which a measure of responsibility is established. At the same time, an important role in determining the content of the objective side of the offense is played by such signs as the onset of negative consequences, the presence of a causal relationship between them and the violation, as well as the place, time and method of its commission. Some types of administrative torts in the field of road traffic have formal compositions, therefore, they are considered completed at the time of the commission of an action (inaction) provided for in the law, regardless of the harmful consequences that have occurred (Article 12.1 "Driving a vehicle that is not registered in the prescribed manner, a vehicle that has not passed state technical inspection ", 12.4" Violation of the rules for installing devices on a vehicle for supplying special light or sound signals or illegal application of special color-graphic schemes of vehicles of operational services ", 12.8" Driving a vehicle by a driver who is intoxicated, transferring control of a vehicle to a person, intoxicated "of the Code of Administrative Offenses of the Russian Federation). Others, as a mandatory sign of the objective side, contain an indication of the onset of harmful consequences (Article 12.24 "Violation of the Traffic Rules or the rules for operating a vehicle that entailed inflicting lung or moderate harm to the health of the victim "of the Code of Administrative Offenses of the Russian Federation).
The subject of an administrative offense. The subject of an administrative offense is a sane person who committed it. By general rule(Article 2.3 of the Code of Administrative Offenses of the Russian Federation) administrative responsibility begins at the age of 16. The offenses provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation mostly concern drivers of vehicles, i.e. can be committed by persons who have reached the age of 18 (the age when driving licenses of categories B and C can be obtained), 20 years of age - category D, 19-20 years of age - category E, or have reached 16 years of age (if is about driving a vehicle of category A). The liability of pedestrians, other persons (for example, passengers) begins at the age of 16. The Code of Administrative Offenses of the Russian Federation does not contain a separate article on the administrative responsibility of minors. Minors are special entity administrative responsibility. The subjects of traffic violations can be citizens of the Russian Federation, foreigners, stateless persons participating in road traffic, who, due to their age and being in a state of sanity, are responsible for its commission, as well as officials and legal entities.
The subjective side of an administrative offense is expressed in relation to the offender to the deed. The legislator's subjective side is determined by guilt in the form of intent and negligence (Article 2.2 of the Administrative Code of the Russian Federation). Part 1 of Art. 2.2 of the Code of Administrative Offenses of the Russian Federation gives the concept of intentional guilt. Its presence is necessary in all cases when a case is initiated about an administrative offense, which can only be committed intentionally. Almost all of them are considered such offenses. articles of the Code of Administrative Offenses RF, providing for liability for traffic violations. The subjective side of the violation of traffic rules includes the guilt of the offender, the purpose and motives of the illegal actions committed by him. It expresses the attitude of his perpetrator to the deed.
Wine in violation of traffic rules can be expressed in the form of intent (when a person was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and wished for such consequences to occur, or deliberately admitted or treated them indifferently) or negligence (when the person foresaw the possibility of harmful consequences of his action (inaction) , but without sufficient reason, it presumptuously counted on the prevention of such consequences, or did not foresee the possibility of such consequences, although it should and could have foreseen them).
The dispositions of most of the rules providing for liability for violations in the field of road traffic are blanket in nature - they only talk about violation of certain rules (traffic rules, rules for registering motor vehicles, etc.). That is, in the norms with blanket dispositions, an act can form a composition of an offense only when it was expressed in violation of those enshrined in the relevant regulatory acts special rules security.
It should be noted that a huge volume of administrative offenses, corresponding to it significant expenditures of public funds, working time police officers and judicial officers do not lead to a significant reduction in administrative delinquency. As L.L. Popov, the effectiveness of administrative jurisdiction depends on the quality of activities to comply with the legislation on administrative responsibility. We believe that this postulate lies in the observance of the principle of individualization of the imposition of punishment, the proportionality of the imposed punishment to the perfect offense, the exclusion of a planned approach in identifying offenses, elimination of the causes and conditions conducive to their commission, and the principle of the inevitability of punishment.
One cannot but agree with the opinion of leading scientists-administrators that the strengthening of sanctions for administrative tort does not in itself help to reduce their number. Any toughening of administrative penalties cannot be effective without the simultaneous adoption of measures to strengthen control over the activities of police officers and judges authorized to initiate and consider cases of administrative offenses in order to eradicate corruption and cases of violation of the law in their ranks. The legal literature quite justifiably emphasizes "the need for precise observance, implementation and use of legal norms addressed to the law enforcement officer himself."
Collection of acts of the President of the Russian Federation and the Government of the Russian Federation. 1993. No. 47. Art. 4531 (with ed. Amendments and add.).
UDC 351.74 BBK 35.078
DOI 10.24411 / 2073-3313-2018-10207
CONCEPT AND ESSENCE OF ADMINISTRATIVE AND LEGAL MEANS OF MANAGEMENT ACTIVITIES TO ENSURE ROAD SAFETY
Scientific specialty according to the published material: 12.00.14 - administrative law;
administrative process
Annotation. The article provides a definition of administrative and legal means of management activities to ensure road safety, presents their classification depending on the presence or absence of violations of motor transport legislation, on the levels of legal regulation, on the nature of regulatory influence, on the compulsory nature of the application, on the directions of use by executive bodies. authorities. By the direction of their actions, the administrative and legal means of management activities to ensure road safety are differentiated into regulatory, permitting, registration, licensing, control and supervisory, renewable and preventive security.
Key words: management activities to ensure road safety, administrative and legal means, legal regime for ensuring road safety, road traffic accidents, administrative offenses in the field of road traffic.
Annotation. The article defines the administrative and legal means of management activities to ensure road safety. They are classified according to whether there is or is not a violation of the rules of road transport legislation, on the levels of legal regulation, on the nature of the regulatory impact, on the enforcement nature, on directions used by the executive authorities. According to the direction of their actions, the administrative and legal means for managing road safety activities are differentiated into regulatory, licensing, registration, licensing, control and surveillance, renewable and preventive security.
Keywords: administrative activity in ensuring road safety, administrative legal means, legal regime for ensuring road safety, road accidents, administrative offenses in the field of road traffic.
Reviewer - A.I. Tambovtsev, Head of the Department of Operational-Investigative Activities in the Internal Affairs Bodies of the St. Petersburg University of the Ministry of Internal Affairs of Russia, Candidate of Law, Associate Professor
Elena Aleksandrovna PIKINA, Adjunct of the Department of Administrative Activities of Internal Affairs Bodies, St. Petersburg University of the Ministry of Internal Affairs of Russia E-mail: [email protected]
Alexander Anatolyevich BEZHENTSEV, Deputy Head of the Department of Administrative Activities of Internal Affairs Bodies, St. Petersburg University of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences, Associate Professor E-mail: [email protected]
LAW AND LAW 10-2018
One of the most characteristic and integral parts of modern civilization is road traffic. Complex socially heterogeneous, technically unstable, this area is a conglomerate of heterogeneous elements interacting with each other, connected by a common goal of functioning to ensure comfortable and safe transportation. At the same time, including the spatial movement of people and goods, road traffic as a whole is not a spontaneous process, but is the result of a conscious and controlled activity not of individual individuals, but of a complex road transport system of the state. The role of the latter in ordering social relations arising between road users cannot be underestimated.
It is the state that is assigned a strategic role in organizing and regulating traffic, establishing rules for the spatial movement of passengers and goods, implementing by federal and regional executive bodies, state subjects of road transport management, local self-government bodies of economic, tariff, scientific, technical and public policy, licensing, standardization. and certification for road transport, meeting the needs of the auto-transport complex in fuel and energy and material and technical resources, control and supervision over the organization and safety of road traffic.
Road safety is a key factor in ensuring the comfort of transportation, respecting the rights and legitimate interests of road users, developing the transport sector of the country's economy and, accordingly, involves the use of various means of regulation.
In these conditions, the need to improve the management system for ensuring road safety, which is based on protective administrative and legal norms.
Today, transport, especially automobile transport, is considered a source of increased danger, and its operation is associated with a risk to the life and health of people and the environment. To reduce the risks of the onset of danger to the life and health of people, the environment and society as a whole, the state uses
There are various legal instruments, among which the means of legal direction stand out most clearly. They differ in the nature of their inherent prescriptions, the specifics of legal regulation, which is determined by the essence of social relations, which are directly protected in a particular case.
Speaking about the administrative and legal means of management activities to ensure road safety, first of all, let us turn to the etymological component of the concept of “means”. In explanatory dictionaries, this term is defined in the same way, as: "a technique, a method of action to achieve something."
In legal science, in the theory of law, the concept of "legal means" is used, which form an integral, systemic legal mechanism that ensures the regulation of the entire set of social relations that are the subject of legal regulation.
The general features of legal remedies are that they:
■ express all generalizing legal means of ensuring the interests of subjects of law, achieving the intended goals (this reveals the social value of the entities in question and the law in general);
■ reproduce information and energy qualities and resources of law, which gives them a special legal role aimed at overcoming obstacles standing in the way of satisfying the rights and legitimate interests of participants in legal relations;
■ being combined in a certain way, they represent the main working parts (elements) of the action of law, the functional side of the mechanism of legal regulation, legal regimes;
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■ lead to legal consequences, clear results, one or another level of effectiveness or defectiveness of legal regulation;
■ implemented by the state.
An important role in the system of these funds
assigned to the means of an administrative and legal nature, which, in terms of their diversity, constitute the most numerous group along with others (criminal law, civil law, etc.).
Administrative and legal means in the complex are one of the effective structural elements of the security activities of state bodies aimed at the formation and development of social relations in various fields on a solid regulatory basis.
Without diminishing the influence of other legal branches, it should be recognized that it is administrative law that plays a leading role in organizing the safe functioning of road transport. The norms of administrative law are regulated critical aspects and the levels of management activities to ensure road safety from intersectoral coordination in the activities of individual units, the development of plans strategic development before solving individual legal cases. Now it is administrative law that bears the main burden on the organization, protection and protection of public relations in transport; administrative and legal means constitute the largest, most powerful and effective group of legal means of ensuring road safety.
Turning to the legal nature of administrative-legal means, we emphasize that with the help of administrative law means (norms, relations, legislation, competence of subjects, methods of implementing norms), external expression and legal registration of public interest in management is carried out.
Administrative and legal means are diverse, while they are interconnected and interdependent, constitute a monolithic system, intertwine with criminal law, financial and legal, economic measures, and various methods of organizational mass activity.
to ensure road safety through the prism of protecting the rights of road users, we will define them as a set of techniques and methods by which public administration entities and courts protect the violated rights and legitimate interests of citizens participating in road traffic, in order to restore them, compensate for losses and bringing the culprit to justice.
Let's highlight the following characteristic features of administrative and legal means of management activities in the field of road safety. Their application is an integral part of the law enforcement activities of the state in the transport sector, is disclosed within legal category"Administrative coercion" and covers both jurisdictional and non-jurisdictional procedures.
Their main purpose is to combat both administrative offenses and crimes against road safety. One of the important functions of administrative law is the function of crime prevention. It manifests itself especially clearly in the field of road safety. It is the prevention of administrative offenses in the field of road traffic that is a strategic direction in the system of measures taken by the state to strengthen the rule of law and law and order in the road industry.
Prevention is the most effective way to combat offenses, primarily by ensuring the identification and elimination (neutralization) of their origins. To a large extent, this is the prevention of the very possibility of committing offenses in the field of road traffic. In the field of road traffic and its safety, prevention is a system of measures of an economic, social, cultural, educational and legal nature aimed at reducing the level of accidents on highways, minimizing the harmful consequences of road accidents and increasing guarantees of road safety.
To date, a clear classification of administrative and legal means of management activities to ensure road safety has not been developed, despite its great practical and theoretical significance. A clear classification is necessary,
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first of all, to clarify the essence of various administrative and legal means that are used by executive authorities to ensure road safety, to understand the purpose of these events, their legal potential, correlation and interaction. In addition, the classification allows you to determine the types and types of specific management tools to ensure road safety by differentiating them for the purpose of further research.
First of all, the basis for the classification of administrative and legal means of management activities to ensure road safety as extremely important tools for overcoming accidents on the country's roads can be based on the accepted functional connections, the requirements for the logical ordering of the components of the system, and their clear system-structural relationship. The study of the established internal connections existing in the logical system of "administrative coercion", it is advisable to carry out using the tools of scientific classification.
It should be noted that the classification (lat. E1azz1s - category + / ayu - do, decompose) as a process, initially, in essence, is internally programmed to designate two categories of actions: first, the process of decomposition into classes and, secondly, the result of this process is the definition of a system of similar concepts (classes of objects) of any area of knowledge. "A strictly carried out classification simultaneously sums up the results of the previous development of the branch of knowledge and, at the same time, marks the beginning of a new path in its development."
According to the role that they implement, legal means are differentiated into regulatory (permission) and protective (protection measures); on the subjects of legal regulation - on constitutional, administrative, civil, criminal and others; by nature - into substantive and procedural; within the meaning of the consequences - for ordinary (fine) and exceptional (deprivation of the right); by the period of validity - for permanent (citizenship) and temporary (premium); by the type of legal regulation - into normative (established in the rules of law prohibitions) and individual (act of application of law, act of implementation of rights and obligations); on information and psychological
focus - on stimulating (benefits) and limiting (stop)
Note that the administrative and legal means of management activities to ensure road safety can be considered in a broad and narrow sense: in a broad sense, these means mean the entire system of administrative and legal norms, which is considered from the standpoint of their functional purpose for regulating the corresponding administrative public relations in the field of road traffic; in a narrow interpretation, administrative and legal means mean methods of administrative management influence in order to comprehensively ensure road safety.
According to A.C. Kvitchuk, administrative and legal means are an important component of the legal regime for ensuring road safety, the tasks of which are to ensure the safe condition of road vehicles, supervise the actions of road users and their proper training, create conditions to minimize the consequences of road accidents.
The effectiveness of the road safety regime, from the position of C.M. Zyryanov, is achieved by establishing the powers and responsibilities of management entities and road users, coordinating their activities, developing and approving rules, standards, technical norms and other regulatory documents, organizing traffic, material and financial security, organizing the training of vehicle drivers and teaching citizens the rules of safe traffic, medical support, compulsory certification, licensing of activities related to ensuring road safety, insurance on transport, exercising state control and supervision over compliance with legislation, rules, standards, technical norms and other regulatory documents in the field of road safety.
The basis of the administrative and legal regime for ensuring road safety are legal norms governing the rights and obligations of participants in public relations, defining technical requirements for elements of the road network, technical
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the state of motor vehicles, regulating licensing activities, establishing the competence of state bodies implementing management in the road transport area.
In other words, the administrative and legal means of management activities to ensure road safety are exactly the necessary tools through which the legal regime for ensuring road safety is maintained at the proper level and its effectiveness is achieved.
Before turning to certain groups of administrative and legal means of management activities to ensure road safety, it should be noted that the achievement of the main goals of legal regulation of relations in the road transport sector is possible only with the integrated use of all allocated legal means of management activities, since only the use of the entire set legal means, which are implemented in the appropriate sequence and order, will make it possible to achieve the effectiveness of legal regulation of activities to ensure road safety.
So, all administrative and legal means used in the mechanism of management activities to ensure road safety can be conditionally (since in practice, quite often, the same means can, to a certain extent, have features of a regulatory, organizational, and preventive nature) several groups according to the following criteria:
According to the presence or absence of violations of the norms of motor transport legislation - into administrative and jurisdictional (means of suppressing violations of rules, norms and standards in the road industry and measures of administrative responsibility) and non-jurisdictional means (aimed at preventing the corresponding violations);
Depending on the levels of legal regulation, administrative and legal means of management activities to ensure road safety are divided into those that are applied under federal legislation, subordinate legal acts and at the local level of legal regulation;
By the nature of the regulatory influence, they can be divided into three types: means of persuasion
niya, means of encouragement and means of coercion. Through persuasion, encouragement and coercion, the administration ensures the functioning of the road safety management system, the organization of traffic, the discipline of the participants, the stability of the corresponding legal relations. The effectiveness of all areas of road safety management, as well as industry policy as a whole, depends on how rationally these three methods are used. For public road safety policy to be truly effective, persuasion, reward and coercion must be intelligently combined, i.e. not oppose each other, but mutually complement and obey a single strategic goal. Only their harmonious combination can provide a balanced and comprehensive impact on public relations. A significant increase in the role of this or that method will inevitably lead to social dissonances, an increase in delinquency, a departure from the democratic principles of administration;
■ depending on the compulsory nature of the application - for events administrative warning, measures of administrative restraint, measures administrative support and administrative responsibility;
■ depending on the directions of use by the executive authorities - for the funds used in the process of rule-making and in the process of implementing law enforcement activities;
■ according to the direction of their actions, administrative and legal means of management activities to ensure road safety are divided into:
Regulatory (occupy a leading place in the system of administrative and legal means of protecting this sphere of public relations, since all other means are aimed at ensuring their implementation, preventing and suppressing their violations, bringing the perpetrators to administrative responsibility);
Permits (issuance of permits to drive vehicles;
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movement of vehicles with oversized, heavy, dangerous goods and in a convoy; repair and reconstruction of highways; use of special sound and light devices; another form of licensing activity in the studied area is the certification of vehicles, works, services in road transport);
Registration (for example, procedures for registration, re-registration of motor vehicles and their deregistration);
Licensed (licensing for road transport is aimed at determining the initial and current conditions for the provision of services for the transportation of passengers and goods, as well as the most important parameters for servicing consumers, including ensuring their safety during transportation);
Control and supervision (consist of supervision over road traffic, over the transportation of dangerous, bulky and heavy cargo, over the design, construction and operation of roads, streets, engineering road structures, roadside service facilities, etc.);
Renewable (aimed at reimbursing losses to victims of road traffic accidents) and
Preventive and security (we are talking about the fact that the legal toolkit is directly aimed at preventing the occurrence of negative factors in road transport).
In conclusion, it should be noted that the choice of a specific administrative and legal means of management activities to ensure
road safety, the appropriateness of its application in a given situation is determined by the conditions that have developed, the presence of certain circumstances, the tasks and competence of the body (official) acting in a particular situation, subjective factors.
Bibliographic list
1. Big explanatory dictionary of correct Russian speech / L.I. Skvortsov. M .: Onyx; Peace and Education, 2009.
2. The Big Explanatory Dictionary of the Russian Language / Comp. and ch. ed. S.A. Kuznetsov. SPb .: Norint, 2000.
3. Eropkin M.I., Popov L.L. Administrative and legal protection of public order. Moscow: Lenizdat, 1973.328 p.
4. Zyryanov S.M. Administrative supervision in the field of road safety: Dis. ... Cand. jurid. sciences. M., 2003.181 p.
5. Kvitchuk A.S. The road safety system in Russia: historical and legal research: Dis. ... Dr. jurid. sciences. SPb., 2006.360 p.
6. Malko A.V. Legal Means: Questions of Theory and Practice // Journal of Ros. rights. 1998. No. 8. S. 66-77.
7. Matuzov N.I. Theory of state and law / N.I. Matuzov, A.V. Malko. 2nd ed., Rev. and add. M .: Jurist, 2006.541 p.
8. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary Russian language. 4th ed., Add. M.:. LLC "A TEMP", 2006.
9. Philosophical Encyclopedic Dictionary / Ch. ed .: L.F. Ilyichev, P.N. Fedoseev. M .: Sov. enz., 1983.
10. Khropanyuk V.N. Theory of Government and Rights. M., 1993.542 p.
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Introduction
Chapter1. SecurityroadmovementhowviewpublicsafeOsti
1.1 Concept, types of public safety. Road traffic safety, legal basis for its provision
1.2 Legal status bodies ensuring road safety and organization of their activities
1.3 Administrative and legal coercion as a means of ensuring road safety
Chapter2. Administrativea responsibilityperoffensesvareasroadmovement
2.1 Analysis of the state of road safety. Types of traffic offenses
2.2 Concept, signs of administrative responsibility. Administrative penalties for traffic offenses
2.3 Proceedings in traffic offenses
Conclusion
Bibliographiclist
Applications
Introduction
The high rates of motorization have sharply identified the problem of ensuring road safety in the Russian Federation. On November 15, 2007, a meeting of the Presidium was held State Council Of the Russian Federation, which considered the issue of improving public administration in the field of road safety.
Speaking at a meeting of the State Council, the President of the Russian Federation noted that in road accidents “those who belong to the most able-bodied part of the population are dying, losing their health and injured. These are absolutely irreparable losses for us, for the future of the country. "
Positive trends in the socio-economic development of the country, an increase in the material security of citizens directly affect the acceleration of the pace of motorization. According to State Inspection road safety of the Nizhny Novgorod region of the Russian Federation by the beginning of 2009, there were 985471 vehicles in the region. In 2008, their number increased by 66,151 units, or 7.2%.
At the same time, one of the most important negative aspects of motorization is road traffic injuries.
Accidents in road transport have become one of the most important socio-economic problems in most countries of the world.
It is no coincidence that the United Nations characterizes the road safety situation as a global crisis.
Under these conditions, the role of state bodies ensuring road safety is increasing, namely the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, which, within its competence, performs control, supervisory and certain licensing functions in the field of road safety.
The complexity and diversity of public relations developing in the field of road safety determine the presence of a large number of normative legal acts of various legal force regulating the activities of the traffic police of the Ministry of Internal Affairs of the Russian Federation in this area.
The purpose of this work is to study administrative and legal means to ensure road safety.
For this we need to solve a number of tasks: to consider road safety as a type of public safety; analyze legal support road safety; to reveal the role of the traffic police of the Ministry of Internal Affairs of the Russian Federation in ensuring road safety.
ChapterI. Securityroadmovementhowviewtotalenaturalsecurity
1.1 Concept,viewspublicsecurity.SecuritydOroymovement,legalbasicshersecuring
According to the Law of the Russian Federation of March 5, 1992 "On Security" See the bulletin of the Congress of People's Deputies of the Russian Federation and The Supreme Court Council of the Russian Federation. 1992 No. 15. Art. 769; 1993. No. 2, p. 77 security is understood as the state of protection of the vital interests of the individual, society and the state from external threats. According to the concept of Russia's national security, this is understood as the security of its multinational people as the bearer of sovereignty and the only source of power in the Russian Federation. Vital interests include needs, the satisfaction of which reliably ensures the existence and opportunities for the progressive development of the individual, society and the state.
A threat to security is understood as a set of conditions and facts that create a threat to the vital interests of the individual, society and the state, a real and potential threat to objects of danger, emanating from internal and external sources of danger. The objects of security include: a person - his rights and freedoms; society - its material and spiritual values; the state - its constitutional order, sovereignty and territorial integrity. Security is achieved by pursuing a unified state security policy, a system of economic, political, organizational, legal and other measures that are adequate to security threats.
To create and maintain the required level of security of security facilities, a system of legal norms regulating relations in the field of security is being developed, the main directions of activities of state security agencies and a mechanism for monitoring and overseeing their activities are determined. For the direct fulfillment of functions to ensure the security of the individual, society and the state in the system of executive power, state security agencies are formed.
In addition to the executive authorities, the subjects of support are representative and judicial authorities, local self-government bodies, as well as citizens, public organizations and other associations that have the rights and obligations to participate in ensuring security. The state provides legal and social protection citizens, public and other associations that provide assistance in ensuring security. The main principles of security are:
Legality;
Maintaining the balance of the vital interests of the individual, society, state;
Mutual responsibility of the individual, society and the state to ensure security;
Integration with international systems security.
When ensuring security, restrictions on the rights and freedoms of citizens are not allowed, except in cases directly provided by law... Citizens, public and other organizations and associations have the right to receive explanations regarding the restriction of the rights and freedoms of bodies ensuring security. At their request, such explanations are given in writing and within the time frame established by law. Officials who have exceeded their authority in the course of security activities are legally liable.
Ensuring the security of the individual, society and the state is carried out in accordance with laws and other regulations governing relations in the field of security. The legal foundations for ensuring security are: the Constitution of the Russian Federation, the Law of the Russian Federation "On Security", the Law of the Russian Federation "On a State of Emergency", constitutions, laws and other normative acts of the republics within Russia and normative acts of the representative and executive authorities of territories, regions, an autonomous region, cities of federal significance, autonomous districts adopted within their competence in this area; international treaties and agreements concluded or recognized by the Russian Federation.
Since we are talking about security, which is one of the intersectoral spheres of management, the social relations developing in this area are of a managerial nature and are mainly regulated by the norms of administrative law. Administrative and legal norms determine the security system and its functions, establish the procedure for organizing bodies that directly ensure security, and determine their administrative and legal status.
The security system is made up of legislative, executive and judicial authorities, state, public and other organizations and associations, local self-government bodies, citizens taking part in ensuring security in accordance with the law, as well as legal norms governing relations in the field of security. Federal Law of the Russian Federation "On Security" dated March 5, 1992. No. 2446-1. (as amended on December 25, 1992, July 25, 1992).
The main functions of the security system are:
identification and forecasting of internal and external threats to the vital interests of security objects;
implementation of a set of operational and long-term measures to prevent and neutralize them;
Creation and maintenance in readiness of forces and means of ensuring security;
Management of forces and means of ensuring security in day-to-day conditions and in emergency situations;
Implementation of a system of measures to restore the normal functioning of security facilities in the regions affected by the emergency;
Participation in measures to ensure security outside the Russian Federation in accordance with international treaties and agreements concluded or recognized by the Russian Federation.
The implementation of these security functions is carried out on the basis of the delineation of powers of the legislative, executive and judicial authorities in this area.
Federal Assembly - the Parliament of the Russian Federation, develops a system of legal regulation of relations in the field of security; The Federation Council approves decrees of the President of the Russian Federation on the introduction of martial law and the introduction of a state of emergency; considers federal laws on ratification and denunciation adopted by the State Duma international treaties and agreements on security issues, etc. The State Duma determines budgetary allocations for funding security agencies for security programs, adopts laws and ratifies and denounces international treaties of the Russian Federation on security issues.
Executive authorities: ensure the implementation of laws and other regulations governing relations in the field of security; organize the development and implementation of state security programs; carry out a system of measures to ensure the safety of the individual, society and the state within the limits of their competence; in accordance with the law, reorganize and liquidate the state security agencies.
The general management of security is carried out by the President of the Russian Federation, who performs the following functions: determines the strategy for ensuring internal security; controls and liquidates the activities of state security agencies; introduces martial law on the territory of the Russian Federation, a state of emergency with immediate notification of this to the Federation Council and the State Duma.
The Government of the Russian Federation provides guidance to the state security agencies; organizes and monitors the development and implementation of measures to ensure security by ministries and state committees, other federal bodies subordinate to him, bodies of republics within Russia, territories, regions, autonomous regions. Federal cities, autonomous regions.
Ministries and other federal executive bodies, on the basis of current legislation, in accordance with decrees of the President of the Russian Federation and decrees of the Government of Russia, ensure the implementation of federal programs to protect the vital interests of security facilities; on the basis of the law "On Security" Federal Law of the Russian Federation "On Security" dated March 5, 1992. No. 2446-1. within their competence, develop intradepartmental instructions (regulations) for ensuring security and submit them for consideration by the Security Council.
Judicial bodies: administer justice in cases of crimes that infringe on the safety of the individual, society and the state; provide judicial protection to citizens, public and other non-governmental associations, whose rights have been violated in connection with security activities.
The implementation of tasks and functions to ensure security is carried out: by the Armed Forces; federal security agencies; bodies of internal affairs; foreign intelligence; tax service; tax police; formations civil defense; customs service; security service for communications and information, etc.
The internal affairs bodies, being one of the subjects of security, carry out the functions of ensuring the security of the individual, society and the state. So, according to the law "On the police" Federal Law "On the Police" dated April 18, 1991, 1026-1. SZ RF 1992. No. 5 one of its main tasks is to ensure the personal safety of citizens and public safety. The State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia ensures traffic safety in order to preserve the life and health of citizens.
In the scientific literature, there are several definitions of the concept of "road safety". The most accurate, according to the author, is the definition of D. Klebelsberg. This researcher defines it as the absence of "natural dangerous conditions and actions leading to road accidents." At the same time, the accidental appearance of some unexpectedly arising dangers, even road accidents, is not excluded. However, typical hazardous conditions and actions that arise under random laws are included here in the category of natural ones, and they are also taken into account when determining the safety of a road traffic accident.
It is very important that safety should not be regarded as an end in itself (because the safest state of a vehicle is when it is not moving) it should only be a condition for the successful movement of the target for which the vehicle is used, and the movement of the target is not in ideal conditions, but with optimal traffic intensity, optimum use of the vehicle and optimum driver load.
What is the human impact on traffic safety? World experience shows that 40-80% of all accidents occur nowadays due to human errors in different modes of transport. Moreover, it is characteristic that the role of the human factor in the accident rate increases over the years, while the technical one decreases.
The Federal Law "On Road Safety" of November 15, 1995 is the basis for the considered sphere of public relations. Specified legislative act determines the priority directions and principles of state policy in the field of road safety, the main forms and methods of their implementation, regulates the basic requirements for the entities operating in this area.
Article 1 of the said Law establishes that the most important tasks of the state in the area under consideration are “protecting the life, health and property of citizens, protecting their rights and legitimate interests, as well as protecting the interests of society and the state by preventing road accidents, reducing the severity of their consequences. ". The solution of the tasks set is ensured by the activities of the relevant state authorities, which exercise state supervision and control over the implementation of the legislation of the Russian Federation, rules, standards, technical norms and other regulatory documents in the field of road safety. For these purposes, they have been given the necessary state and power powers.
The main principles of road safety are:
priority of life and health of citizens participating in road traffic over economic results of economic activity;
priority of the responsibility of the state for ensuring road safety over the responsibility of citizens participating in road traffic;
observance of the interests of citizens, society and the state while ensuring road safety;
program-targeted approach to road safety activities.
The legislation of the Russian Federation on road safety consists of the aforementioned Federal Law and other federal laws adopted in accordance with them, other regulatory acts of the Russian Federation, laws and other regulatory acts of the constituent entities of the Russian Federation. 1090.
Ensuring road safety is carried out through:
establishing the powers and responsibilities of the Government of the Russian Federation, federal executive bodies and executive bodies of the constituent entities of the Russian Federation;
coordination of the activities of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local government bodies, public associations, legal entities and individuals in order to prevent road accidents and reduce the severity of their consequences;
regulation of activities in automobile, urban land electric transport and in the road sector;
development and approval in the prescribed manner of legislative and other regulatory legal acts on road safety issues: rules, standards, technical regulations and other regulatory documents;
Implementation of traffic management activities;
Material and financial support for road safety measures;
Organization of training for drivers of vehicles and education of citizens on the rules and requirements of traffic safety;
Carrying out a set of measures for medical support road safety;
Implementation of mandatory certification of objects, products and services of transport and road facilities;
Licensing of certain types of activities carried out in road transport, in accordance with the legislation of the Russian Federation;
Carrying out a socially oriented policy in the field of transport insurance:
Implementation of state supervision and control over the implementation of the legislation of the Russian Federation, rules, standards, technical norms and other regulatory documents to ensure road safety.
The jurisdiction of the Russian Federation includes:
Formation and implementation of a unified state policy in the field of road safety on the territory of the Russian Federation;
Establishing the legal framework for ensuring road safety;
Establishment of a unified system of rules, standards, technical regulations and other regulatory documents on road safety issues;
Control over the compliance of laws and other regulations of the constituent entities of the Russian Federation in the field of road safety with the Constitution of the Russian Federation and federal laws;
Creation of federal executive authorities to ensure the implementation of state policy in the field of road safety;
Development and approval of federal programs to improve road safety and their financial support;
Organization and implementation by federal executive authorities or regional structures of state supervision and control over activities in the field of road safety;
Coordination of the activities of the executive authorities of the constituent entities of the Russian Federation in the field of road safety;
Conclusion of international treaties of the Russian Federation in the field of road safety.
The powers of federal executive bodies in the field of road safety are expenditure obligations of the Russian Federation.
By agreement with the executive authorities of the constituent entities of the Russian Federation, they can delegate to them the exercise of some of their powers in the field of road safety.
The constituent entities of the Russian Federation, outside the jurisdiction of the Russian Federation, independently resolve the issues of ensuring road safety. Their powers in the field of ensuring road safety are expenditure obligations of the constituent entities of the Russian Federation. These bodies, by agreement with the federal executive bodies, may in turn delegate to them the exercise of part of their powers in the field of road safety.
Local self-government bodies, in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, within their competence, independently resolve issues of ensuring road safety.
The powers of these bodies in the field of road safety are the expenditure obligations of municipalities.
The public plays a significant role in the implementation of road safety activities. Public associations created to protect the rights and legitimate interests of citizens participating in road traffic, in order to unite the collective efforts of the members of these organizations to prevent road traffic accidents, in accordance with their statutes have the right, in the manner prescribed by law:
Submit to the federal executive authorities and executive authorities of the constituent entities of the Russian Federation proposals for the implementation of measures and improvement of rules, standards, technical norms and other regulatory documents in the field of road safety;
Carry out, at the request of members of public associations, research into the causes and circumstances of road traffic accidents, transfer materials to the prosecutor's office and represent the interests of their members in court;
Carry out measures to prevent accidents.
Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies and business entities may, with their consent, involve public associations in carrying out measures to ensure road safety.
On the territory of the Russian Federation, the state registration of the main indicators of the state of road safety is carried out. Such indicators are the number of road traffic accidents, injured citizens, vehicles, drivers of vehicles, offenders of traffic rules, administrative offenses in the field of road traffic, as well as other indicators reflecting the state of road safety and the results of activities to ensure it. The system of state accounting ensures the organization and implementation by federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies of work on the formation and implementation of state policy in the field of road safety.
The procedure for maintaining state records, using accounting information and generating reporting data is established by the Government of the Russian Federation Resolution of the Government of the Russian Federation of August 25, 2008 N 637 "On the organization of the activities of the Government Commission to ensure the safety of power supply (federal headquarters)." ...
In order to implement the state policy in the field of road safety, federal, regional and local programs are being developed to reduce the number of road accidents and reduce the damage from these accidents.
Federal programs are developed in accordance with the requirements for such programs approved by the Government of the Russian Federation. Federal, regional and local road safety programs are funded from the funds of the relevant entities and extrabudgetary sources.
The technical condition and equipment of vehicles participating in road traffic must ensure road safety.
Given that road safety is largely dependent on the technical condition and equipment of vehicles, the state imposes the obligation to maintain vehicles participating in road traffic in good technical condition on vehicle owners or on persons operating vehicles.
Vehicle owners must carry out compulsory insurance of their civil liability in accordance with federal law. For vehicles whose owners have not fulfilled this obligation, state technical inspection and registration are not carried out.
Legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles on the territory of the Russian Federation are obliged to:
organize the work of drivers in accordance with the requirements to ensure road safety;
comply with the work and rest regime of drivers established by the legislation of the Russian Federation;
To create conditions for advanced training of drivers and other workers of road and ground urban electric transport, ensuring road safety;
Analyze and eliminate the causes of road accidents and violations of traffic rules with the participation of their vehicles;
Organize and carry out, with the involvement of health workers, periodic medical examinations drivers.
Legal entities and individual entrepreneurs, it is prohibited in any form, to compel or encourage drivers of vehicles to violate the requirements of road safety.
Citizens' rights to safe conditions traffic on the roads of the Russian Federation is guaranteed by the state and is provided through the implementation of the legislation of the Russian Federation on road safety and international treaties of the Russian Federation Federal Law "On Road Safety" of November 15, 1995
1.2 Legalpositionorgansprovidingsecurityroadmovement,andorganizationtheiractiveOsti
The leading place in the national system of ensuring public order and public safety, in the fight against crime, is taken by the militia. It is an integral part of the system of the Ministry of Internal Affairs of the Russian Federation. Legal status The Ministry of Internal Affairs of the Russian Federation is regulated by the Regulations approved by the Decree of the President of the Russian Federation of July 18, 1996, SZ RF 1996. No. 30 Art. 3605. It defines the competence of the Ministry of Internal Affairs of the Russian Federation, its tasks, functions, duties and rights, forms and methods of activity.
The police in the Russian Federation are subdivided into criminal and public security police. In its activities, the police are subordinate to the Ministry of Internal Affairs of the Russian Federation, and the public security police are also subordinate to the relevant executive authorities of the constituent entities of the Russian Federation. The Minister of Internal Affairs of the Russian Federation is in charge of the entire Russian militia.
The legal basis for the organization and activity of the police is determined by the Law "On the Police" Vedomosti RF. 1996 No. 16, SZ RF No. 48; 1999 No. 14, No. 49; 2000 No. 31, No. 46; 2001 No. 1 h. 2 p. 15 2003 No. 2, No. 27, No. 50, Regulations on the public security police (local police) in the Russian Federation, approved by the Decree of the President of the Russian Federation of February 12, 1993. SZ RF 1998 No. 49 and other regulations.
The services and divisions of the public security police - the patrol service, the service of district inspectors, the State Traffic Safety Inspectorate (GIBDD), the private security service and a number of others - carry out administrative activities... It is governed by the rules of administrative law.
Superdepartmental control over compliance with legislation in the field of road safety is entrusted to the State Inspectorate for Road Safety, which is endowed with broad powers to regulate relations in the field of road transport.
Tasks, functions and powers, organizational and legal forms and methods of activity of the bodies of the State Inspection of Road Safety department) of the State Traffic Safety Inspectorate of the Department (Department) of Internal Affairs of the district, city, district, district in the city, approved by order of the Ministry of Internal Affairs of the Russian Federation of September 28, 1998. No. 618 and the Manual on the work of the road patrol service of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation Regulations on the State Traffic Safety Inspection of the Ministry of Internal Affairs of the Russian Federation // Code of Laws of the Russian Federation 1998. No. 25. p. 2897. Clause 9 of the Federal Law "On Road Safety" defines the scope of activities of the State Inspectorate. Order of the Ministry of Internal Affairs of the Russian Federation of March 02, 2009. No. 186dsp “On approval of the Manual on the work of the road-checkpoint service of the State Inspectorate for Traffic Safety of the Ministry of Internal Affairs. :
exercise state control and supervision over the observance of rules, standards, technical norms of other regulatory documents in the field of road safety;
take exams and issue certificates for the right to drive motor vehicles;
organize and conduct state technical inspection of motor vehicles and trailers to them;
issue licenses for the production of forms driving license, state registration plates, certificates of accounts and other special products necessary for admitting vehicles and drivers to participate in road traffic, as well as for work on the installation and operation of technical means of organizing road traffic;
to register motor vehicles and trailers for them, intended for movement on public roads; regulate traffic; to carry out, in the manner determined by the Government of the Russian Federation, state registration of indicators of the state of road safety.
Traffic police officers carry out registration and accounting of motor vehicles, control over the compliance of their technical condition with road safety requirements, control over the compliance of the maintenance of roads, streets, road structures, and level crossings. Means of traffic regulation to safety requirements, issuance of certificates for the right to drive motor vehicles.
The traffic police takes part in the development of projects for the construction and reconstruction of cities, makes proposals to improve the state of road conditions; organization of crossings, parking places, placement of road signs, traffic lights and automated traffic control systems, control compliance with traffic safety requirements during road construction work, etc. The traffic police assists road organizations in ensuring the safety of roads and road structures, as well as in observing the procedure for using them.
The traffic police include services, departments, departments and groups: the head and his deputies - the heads of services, traffic police 1 (inspectors of the road patrol service), technical supervision (state inspectors of technical supervision). Registration and examination department (state inspectors of the REO), administrative practice (inspector for the implementation of administrative legislation), search (search inspector), inquiry (inspector inquirer), promotion of road safety (propaganda inspector), traffic supervision (state inspector of road supervision) , organizational and analytical department (inspector-investigator of KPO) and others. Road patrol service The road patrol service is a structural subdivision of the traffic police of the Ministry of Internal Affairs of the Russian Federation and is part of the public security police of the Russian Federation. It carries out operational and preventive, control, supervisory and licensing functions in the field of road safety, and also participates in ensuring the protection of public order and combating offenses in the zones of its posts and patrol routes. The activities of the traffic police are built in accordance with the principles of legality, humanism, respect for human rights, transparency. The main tasks of the traffic police are:
preservation of life, health and property of road users. Protecting them legal rights and interests, as well as the interests of society and the state;
ensuring the safe and uninterrupted movement of vehicles;
prevention and suppression of crimes and administrative offenses in the field of road traffic.
To accomplish these tasks, the traffic police, within its competence, provides assistance and assistance to road users in the implementation of their legal rights and interests; monitors compliance with traffic rules, as well as regulatory legal acts in the field of road traffic; regulates traffic; ensures the organization of the movement of vehicles and pedestrians in places of emergency rescue operations and mass events. DPS carries out the protection of public order, ensuring public safety. Prevents and suppresses crimes and administrative offenses on the streets, roads and other in public places, as well as the search for hijacked and stolen vehicles, as well as vehicles whose drivers fled from the places of traffic accidents.
The legal basis for the activities of the traffic police are: the Constitution of the Russian Federation, federal constitutional laws, the Law of the Russian Federation of April 18, 1991. No. 1026-1 "On the Police", the Code of the Russian Federation on Administrative Offenses, Federal Law of December 10, 1995 No. 196-FZ "On Road Safety", other federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.
According to the requirements formulated in the Manual, traffic police officers must have the necessary professional training, be disciplined and vigilant, and act decisively. Bravely and persistently, possess high moral qualities, steadfastly endure the difficulties associated with the service. In dealing with citizens, traffic police officers must be polite and tactful, their actions must be legal and understandable to the persons in respect of whom they are carried out.
The traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation includes combat units (including specialized ones): regiments, battalions, companies, platoons, mobile combat units created as an operational reserve to respond to the complication of the operational situation in the field of road traffic On the territory of the Nizhny Novgorod region in 1995 at the level of the constituent entity of the Russian Federation, a Specialized Regiment of the Road Patrol Service was created. , carrying out special measures to suppress crimes related to the operation of vehicles, as well as groups.
In agreement with the Ministry of Internal Affairs of the Russian Federation, specialized traffic police units are formed to ensure the safe and unhindered passage of special-purpose vehicles. In 2004, the 4th battalion of the joint venture traffic police of the traffic police, the GUVD of the Nizhny Novgorod region, was reorganized into a separate escort company, reorganized. ...
The work of the traffic police departments, the provision of practical and methodological assistance to them is organized by the traffic police departments (departments) of the traffic police of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation.
In the traffic police departments, the accounting and analysis of information that is important for the implementation of the main tasks facing them is organized.
The following are subject to accounting and analysis:
Road traffic accidents in the serviced area and measures taken to prevent them;
Vehicle offenses;
Data on the state of discipline and compliance with the rule of law in the activities of traffic police officers;
Proposals of organizations, public associations and citizens regarding the improvement of traffic police activities and road safety.
Accounting and analysis of road traffic accidents, law enforcement activities is carried out in the manner and terms established by the relevant regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation. To increase the efficiency in carrying out the accounting and analytical work, the traffic police units are equipped with electronic computers and appropriate software.
The activities of the traffic police are carried out on the basis of the current work plans of the combat unit, drawn up in accordance with the procedure established by the internal affairs bodies on the basis of analysis and forecasting of the operational situation. By agreement with the chiefs of the traffic police, commanders of combat units, changes and additions can be made to the plan. Work plans for groups, squads, companies, battalions that are part of larger combat units are approved by higher commanders. The results of the implementation of the plans are considered at operational meetings with the commander of the combat unit. At the end of the planning period, a report (reference) is drawn up with a subsequent report to the head who approved the plan. Control over the implementation of plans is carried out by the commanders (chiefs of staff) of combat units, as well as the corresponding chiefs of the traffic police of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate, the internal affairs department. The work of the traffic police is organized based on the availability of forces and means and the principle of their concentration in places characterized by a tense road situation. This takes into account:
Accident rate in the serviced area;
The length of highways and the peculiarities of the traffic conditions on them;
Traffic and pedestrian traffic.
Based on statistical data, a topographic analysis of road traffic accidents is carried out. Further, road accidents and violations of traffic rules in the serviced area. No. 13 / C-3837. Currently, topographic analysis is an integral part in planning the daily work of the traffic police, it allows you to respond in a timely manner to the current situation, change patrol routes, set up additional posts in places of the greatest concentration of road accidents. When conducting a topographic analysis, all accidents are taken into account and entered on the map, and the work of the inspectors on the line is also analyzed. Competently making adjustments to the alignment of forces and means. The manager can achieve a reduction in accidents on a specific section of the road, significantly reducing the number of deaths on the road.
The placement of forces and means of traffic police is carried out on the basis of the approved Dislocation of posts and patrol routes (Cm. appenie № 1) v in accordance with the mandatory norms of the daily setting of orders and is entered in the Post list of the placement of traffic police orders Order of the Ministry of Internal Affairs of the Russian Federation of March 02, 2009. No. 186dsp "On approval of the Manual on the work of the road-checkpoint service of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation". ... (Cm. application № 2) .
The location includes:
The scheme of the district, city, transport area;
Assessment of the operational environment;
Mandatory standards for the display of traffic police officers and vehicles;
The list of posts and patrol routes, including additional ones, to be closed during the period of complication of the operational situation;
Types of outfits, the order of interaction and communication between them;
Location information and phone numbers medical institutions, internal affairs bodies, vehicle service stations;
Information about the meta of the highest concentration of road accidents;
Information about the locations of the organized parking lots of transport and other objects of service.
The deployment is developed by the commander of the combat unit within the boundaries of the serviced area based on the analysis of the accident rate at the place, day, time of day of road accidents and taking into account the peculiarities of road traffic conditions, operating hours of organizations, educational institutions, shopping centers, other facilities, the operation of which causes an episodic increase in the flow of vehicles and pedestrians. The number of posts and patrol routes in the deployment may exceed that calculated according to the mandatory norms for setting orders. They are subdivided into mandatory closures and posts, patrol routes, which are closed depending on the operational situation that develops during the days of the week or day. The decision on maneuvering forces and means is made by the commander of the combat unit and is recorded in the ledger list. The obligatory rate of daily assignment of orders is determined for a combat unit for a year by dividing the number of staff by the coefficient of the requirements of the traffic police inspectors, which is 2.39 for a shift of 8 hours. With a shift duration of more than 8 hours, the coefficient increases by 0.29 units for each additional hour. When determining the mandatory rate of daily execution of orders, the staff number of police control posts that are part of the structure of the road patrol units is not taken into account. When carrying out activities in the service area that require a significant increase in the density of orders due to the involvement of the inspection staff on the days of their rest and holidays, to compensate for the days off, the commanders of the combat units have the right to make a reasonable reduction in the mandatory norms of daily issuance of orders on the following days. The dislocation is agreed with the head of the traffic police, approved by the leadership of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate and is reviewed at least once a year.
In cases where highways served by a combat unit pass through the territory of several districts (cities), the location is agreed with the heads of the relevant ATC, ATS. Dislocation of posts (routes) of patrolling of combatant patrol units that are part of territorial bodies internal affairs, is developed by the head of the traffic police and approved by the head of the relevant ATC, ATS. For each post, the patrol route is drawn up a Post card (patrol route) (Cm. application № 3) v two copies, one of which is kept in the duty unit of the combat unit, and the second is issued to the traffic police officer for the duration of his service. The operating mode of the combat unit is determined by the daily routine and schedule, which indicates the days and hours (shifts) of service by each traffic police officer and his days off. The daily routine and work schedule is approved by the commander of the combat unit, and the divisions that are part of the city district organs of internal affairs - by the head of the traffic police.
Service time when carrying traffic police is determined by the presence of orders in the operational subordination of the combatant on duty or other officials in charge of the service (from the beginning of the briefing to the receipt of the command to end the service). For traffic police officers, total duration working time no more than 40 hours per week. If necessary, the commander of the combat unit (the head of the internal affairs body), by his order, can increase the working time of the traffic police officers. For service in excess of the working hours established by the legislation of the Russian Federation, as well as on days of rest and holidays, traffic police officers pay or provide rest on other days in accordance with the current legislation of the Russian Federation. Accounting for staff time in excess of that established by the legislation of the Russian Federation is kept by the chief of staff or deputy commander of a combat unit.
In addition to the traffic police, traffic safety control is carried out by: transport inspections, road transport authorities responsible for the technical condition and operation of self-propelled vehicles and other types of equipment, for compliance with standards (for example, standards for the content of pollutants in emissions or noise level standards), environmental requirements and transportation rules.
Officials of auto enterprises, granting admission to the driver's vehicle, releasing the vehicle on the line, responsible for its technical condition, have the right to disciplinary order prohibit the operation of the vehicle or remove the driver from driving it. Along with this, in accordance with the norms of the current legislation officials those exercising control over the observance of road safety bear administrative responsibility for: admission of a person who is intoxicated or does not have the right to drive vehicles; release on the line of a technically defective vehicle that has not passed technical inspection, with deliberately forged state registration plates, installed without permission by devices for supplying special signals or with illegally applied color schemes of cars special services Art. Art. 12.31, 12.32 of the Administrative Code of the Russian Federation. The sanctions of Articles 12.31, 12.32 of the Administrative Code of the Russian Federation provide for the imposition of an administrative fine on officials responsible for the technical condition and operation of vehicles.
Bodies of the Russian transport inspection and their officials (Article 23.36 of the Code of Administrative Offenses of the Russian Federation) are entitled to bring individuals and legal entities to administrative responsibility for administrative offenses provided for in Art. 8.2 (in terms of violations of environmental requirements in transport); Art. 8.3 (in terms of violations of the rules for handling pesticides and agrochemicals in transport); Art. 8.22, 8.23, 11.2, h.h. 1.2 tbsp. 11.14, part 3 of Art. 11.14 (on violations of the rules of transportation hazardous substances, bulky or heavy cargo in industrial transport), Art. 11.15, part 1 of Art. 11.17, 11.23, 11.25-11.29, part 2 of Art. 12.3 (on driving a vehicle by a driver who does not have a license card with him), art. 19.19 of the Administrative Code of the Russian Federation.
Bodies of road transport and their officials (Art. 23.37 of the Code of Administrative Offenses of the Russian Federation) are endowed with the right to bring to administrative responsibility persons guilty of committing administrative offenses provided for by Art. 11.15.11.18.11.19 of the Administrative Code of the Russian Federation. Damage to property on public transport vehicles, travel without a ticket on transport, violation of the rules for transporting hand luggage, baggage and cargo luggage entail the imposition of an administrative fine on individuals and officials.
Control over road safety at the level of the local self-government body (heads of district administrations) is entrusted to the Commission for Road Traffic Safety established under the District Administration at least once a month. The duties of which include:
Control over the organization of road traffic during the period of mass pedestrian traffic (beginning school year in district schools, social events, holidays, etc.);
Monitoring the condition of the asphalt road surface;
Monitoring the state of road and street lighting, as well as improvement of the road network.
The commission includes: heads of district administrations, heads of road services, heads of administration departments for improvement, heads of traffic police departments, road inspectors. Based on the results of the inspections, the officials of the traffic police bring to administrative responsibility the guilty officials who committed the offenses provided for by the Code of Administrative Offenses of the Russian Federation.
1.3 Administrative and legalcompulsionhowmeansprovideecheniyasecurityroadmovement
The norms of administrative law establish a wide range of coercive measures applied by the public administration to ensure law and order.
It is necessary to distinguish between measures of administrative and legal coercion and coercive measures established by the norms of administrative law.
Administrative and legal coercion is one of the types of legal coercion. Therefore, all the features of the latter are inherent in it (this is law enforcement activity, it is designed to ensure the protection of law and order, is implemented within the framework of protective legal relations, etc.). At the same time, it has a number of features, the system of which predetermines its qualitative originality:
measures administrative coercion are used in connection with antisocial acts (as a rule, administrative
offenses) that violate legal norms protected
by administrative and compulsory means;
Administrative and legal coercion is carried out within the framework of unofficial subordination in the absence of organizational, linear subordination between the parties to this protective legal relationship. It is applied by the subjects of public functional power and is one of the ways to implement functional power;
The plurality and diversity of subjects exercising administrative jurisdiction is another important feature of it. Dozens of types of bodies have the right to carry out administrative measures.
Not only individual individuals, but also organizations and collective entities are subject to administrative influence.
Administrative and legal coercion is comprehensively regulated by administrative and legal norms, which fix the types of coercive measures, the grounds and procedure for their application.
Administrative and legal coercion is a special type of legal coercion, which consists in the application by subjects of public functional power established by the norms administrative law enforcement measures in connection with illegal actions... It plays an important role in the protection of law and order, and it should be especially noted for its preventive importance in the fight against offenses. First of all, this is due to the fact that the internal affairs bodies, state inspectorates and other subjects of executive power systematically monitor compliance with the relevant rules and can promptly respond to their violation.
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