We are talking about the recently adopted law on amendments to the Code of Ukraine on administrative offences.
Lawyer Vadim Volodarsky told about the latest changes in legislation that give the opportunity in some cases to avoid penalties for the substantial violations of the Rules of the road.
We are talking about the recently adopted Law “On amendments to the Code of Ukraine on administrative offences and several other laws of Ukraine concerning the border security of the state” No. 5442.
The document introduces amendments to the Code of Ukraine on administrative offences. The lawyer said that they will give you the opportunity to avoid responsibility for some violations of traffic Rules. In particular, the human rights activist refers to the rate of the document, and argues:
The second part of article 254 shall be amended as follows: “the Protocol on administrative violation, if the design is drawn up not later than twenty-four hours after detection of the perpetrator of the offense, in two copies, one of which a receipt is given to the person, brought to administrative responsibility”.
It is difficult to say how this will affect the border regime. But the consequences for drivers easy to predict. For example, is missing from the accident scene. His identity is established, but a call to the police, he does not appear (don’t be a fool). If it took more than a day after establishing his identity, to make the Protocol possible.
Suppose there is an accident with disputed fault. The identity of participants is known. But to establish the culprit takes time. Again, after receiving, for example, expert opinion, which determined guilt, it took more than a day, responsible for the police appeared, is possible to make the Protocol. And there is no Protocol – there is no court order. There’s no court order – the problem of indemnification to the victim.
Similarly, it can avoid liability and drunk drivers. Ran from the police, but the identity is known. The Protocol for the day is not made and a receipt is not presented, will not be responsible… in General, as always: it was smooth on paper, but how will affect the procedural rules for “automotive” sector of forgotten…
It is difficult to say whether the interpretations of well-known lawyer legal logic, and will apply such provisions to avoid responsibility in case of violation of traffic Rules. Precedents of the use of these standards yet.
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