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Rindiuk I. I., Varyvoda V. I. Сriminalizing drunk driving: experience of Ukraine

The article explores the issue of driving drunk drivers to criminal liability and the prospects for its development. Increasing the responsibility for drunk driving by transferring it to the criminal plane is logical, but does not have a mechanism for proceedings in cases of administrative offenses. Article 266 of the Code of Administrative Offenses and the Instructions defines the procedure for examining the state of intoxication at the stop of a vehicle and in a medical institution, i.e. to criminalize the relevant article in our opinion it is necessary to develop a new Instruction. The ability to prosecute perpetrators. Further, with regard to the new version of Article 130 of the operation of vessels in a state of intoxication, drugs or other intoxication, it is necessary to consider this issue in more detail, because on water the risk of driving in a state of intoxication is also too great, so we believe that it is necessary to criminalize this article in a complex.

Another important point in the Vienna Convention on Road Safety, which has been ratified on the territory of Ukraine, is mentioned in Article 8 of the Vienna Convention on Road Safety, which has been ratified on the territory of Ukraine, entitled «Drivers»: «National legislation should provide for special provisions concerning the driving of vehicles under the influence of alcohol, as well as the legally permissible level of alcohol in the blood and, where appropriate, exhaled air, the excess of which is incompatible with driving».

In all cases, the maximum level of alcohol in the blood in accordance with national legislation shall not exceed 0.50 g of pure alcohol per liter of blood or 0.25 mg per liter of exhaled air (0.25 ppm). Each country sets an appropriate limit on blood alcohol levels and the level of penalties for exceeding them. However, not only is the number of ppm a ground for punishment, for example, in Germany, if a driver demonstrates an inappropriate driving style or commits an accident recorded on a video camera, he may be deprived of his driver’s license for 6 months. However not only is the number of ppm a ground for punishment, for example? In Germany, if a driver for example, in Germany, if a driver demonstrates an inappropriate driving or commits an accident recorded on a video camera, he may be deprived of his driver` license for 6 months. When re-driving while intoxicated, criminal punishment is already provided. At the end of the period of deprivation of a driver`s license, the driver is obliged to donate blood for analysis every month. When the period 3 deprivation of a driver`s license expires, the driver gets his rights back only after passing a special medical and psychological examination, «test for idiocy».

Key words: criminal liability, administrative liability, driver, vehicle, intoxication.

 

References

  1. Code of Ukraine on Administrative Offenses: Law of 12.1984 № 8073-X. Date of update: 07.02.2019. URL: http://zakon3.rada.gov.ua/laws/show/80731-10.
  2. Decision of the Kyiv City Council of March 2, 2017 № 1068/2072. URL: http://kmr.Ligazakon.ua/SITE2/l_docki2.nsf/alldo WWW/FEA40DFDF31063B3C22581060068866F?OpenDocument.
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