Ukrainian drivers will be on-new to test on the roads.
The Cabinet of Ministers of Ukraine will deal with traffic accidents in 9 areas: from the quality of the road infrastructure to health care of participants of accidents. This is evidenced by the Strategy of increasing the level of safety on the roads by 2020.
we are talking about strengthening at legislative level of responsibility for violations in the field of road traffic;
creating a single database that combines information about the vehicle and the measures of responsibility applied to the driver or carrier;
the establishment of mechanisms of checks of the technical condition of the vehicle directly on the road, but also selective checks of drivers on the subject of drugs or alcohol;
the reform of the mechanism of examinations to assess a candidate for the right of driving vehicle in the context of his physical and mental development at a level sufficient to control the car;
the establishment of the Traffic police and implementation of the automated system of fixing of offences.
create a budget Fund of security of traffic, source of filling which will be fines and other sanctions applied to participants of traffic.
We are talking about check points motorists, which will test for alcohol almost all drivers.
It is not excluded that by 2020, drunk driving, and partially also criminalized, that is, it will not be administrative and criminal liability.
To unpleasant for drivers of innovation, and can also include plans to return the car. At the same time, the technical condition of the vehicles you want to check directly on the roads.
But, as in the case of tests for alcohol and drugs, there’s some kind of inconsistency with the provisions of applicable law.
The fact that the legal basis for the stop is defined by article 35 law of Ukraine “On the national police”. To them to be taken away, in particular, committed by the driver of traffic violations or evidence of the involvement of a person or vehicle for the offenses.
“The act does not envisages as the basis for stopping the need for inspection of the car or the driver. But do not rule out that in the case of the adoption of the Cabinet of this program in the existing laws which regulate the rights and duties of the police, can be amended accordingly”, — said the lawyer Anton Didenko.
There are questions to the other provisions of the strategy. For example, if the use of seat belts, helmets and child restraints is clear, then the discussion about the appropriateness and legality of the resumption of auto-commit offences is already not the first year.
A stumbling block in photo reporting is the presumption of innocence — driving car may be the owner (who was fined), and the other person. At the same time, the court recognizes the need to extend the presumption of innocence only those administrative offences, penalties for which the gravity is equal to criminal.
The point has been raised by making changes to the Code of Ukraine on adminproperties — articles 14-1 and 14, as drafted, state that the owner of the vehicle can be prosecuted on the basis of the results of auto-commit.
However, he has the right to provide evidence that at the time of the offence the vehicle was in the possession of others.
Thus, says Anton Didenko, today there are all legal grounds for the implementation of electronic system of fixing of offences. And with the increase in the powers of Supervisory authorities expect that the decision on drivers will start to write more often.
Experts say that motorists should prepare not only to increase the number of fines and their size.
“The aim of the strategy is the introduction of more significant responsibility of drivers for infringement of traffic regulations with increasing fines, will increase the demands on the age of the vehicles, their condition and equipment, will be implemented regular inspections and check-UPS of drivers,” said attorney Victor frost.
The fear among lawyers is the idea of creating a separate target budget Fund for road safety, the content of which will be funded from budget revenues from fines.
“In conditions of chronic budget underfunding in Ukraine, such measures can lead to the fact that the Supervisory structure will try to fulfill to their plans about the number of penalty charges”, — says Anton Didenko.
Certain critics also deserves the prospect of changes in the procedure for obtaining rights in the context of assessing the mental abilities of the applicant.
“The problem is that today in the scientific world there is a common understanding of how human thinking. The estimation of such indicators as IQ in IQ units for the most well-known methods, such as methods Eysenck also often be criticized researchers for its objectivity”, — said Didenko.
In such circumstances, the restriction of the right to drive the vehicle on the basis of such valuation methodologies can be interpreted as discrimination, lawyers say.
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