ADMISSION TO DRIVE VEHICLES WHILE INFLUENCED: THE PROBLEM OF DETERMINING THE SUBJECT OF AN ADMINISTRATIVE OFFENCE

Abstract

The article is devoted to a comprehensive legal analysis of the institution of administrative liability for allowing a person to drive a vehicle while intoxicated. Particular attention is paid to the study of the content of part one of Article 129 of the Code of Ukraine on Administrative Offenses in its systemic connection with the provisions of the Law of Ukraine “On Road Traffic” and relevant by-laws, in particular the Regulations on the Medical Examination of Driver Candidates and Drivers of Vehicles. The author has identified a significant gap in the current legislation, which consists in the legally undefined status of the subject of the offense, which consists in “allowing” a driver to drive while intoxicated. It is noted that the dis- position of the norm of the Code of Administrative Offenses is formally directed at officials responsible for the operation of vehicles, while the actual assessment of the driver’s health and permission to leave are carried out by authorized medical workers who are not covered by this norm. This creates difficulties in law enforcement practice, contributes to the latency of offenses and nullifies the principle of inevitability of administrative liability. The paper also outlines the problem of the lack of a clear regulatory definition of the term “admission to drive”, which allows for its expanded or narrow interpreta- tion, complicating the qualification of the act. Based on the analysis, the author proposes to amend Article 129 of the Code of Administrative Offenses by expanding the circle of subjects of responsibility, normative specification of concepts, and strengthening sanctions in order to ensure a real preventive effect. The need to introduce accounting for relevant offenses and monitoring the effectiveness of preventive mechanisms is substantiated. The results of the study can be used in the preparation of draft regulatory legal acts, as well as in law enforcement and expert practice.