Weekly analysis for 06 – 12 November

Legislator need not respond to every high-profile event in society by adding a new provision to the Criminal Code

Event

On October 31, a draft law on amendments to the Criminal Code of Ukraine (CC) to strengthen liability for forgery, sale, or use of forged documents related to disability status (reg № 12171 of October 31, 2024, hereinafter – Draft Law № 12171) was registered in the Parliament.

The draft law includes the following amendments:

1) introducing Article 358-1 to the CC (“Forgery, sale, or use of forged documents related to disability status”);|
2) supplementing Article 366 with a third part, which establishing criminal liability for “the preparation or issuance by an official of knowingly false documents that confirm the presence or absence of disability status, define disability group, or otherwise verify an individual’s legal status as an individual with a disability, including the entry of knowingly false information into such documents or any other form of falsification of such documents”.

CPLR’s assessment

The registration of Draft Law №12171 followed a high-profile incident involving issuance of disability status for prosecutors, as well as the NSDC decision of October 22, approved by Presidential Decree №732/2024. The CPLR has already analyzed these events.

In response, a series of legislative initiatives were initiated. Particularly, on October 29, the Verkhovna Rada passed a law amending certain laws of Ukraine to improve the procedures for conducting medical and social assessments. Then, on November 4, Draft Law № 12178 was submitted in the Parliament, which provides amendments to the number of legislative acts to reform the medical and social assessment system in Ukraine by introducing an assessment system based on assessing individuals’ daily functioning. 

Draft Law № 12171 highlights a trend of “active response” to high-profile scandals driven by public pressure, as directly noted in its Explanatory Note. However, no research was conducted to assess the necessity of criminalizing forgery related to disability documents. Moreover, the CC already includes Article 358, which establishes liability for forgery or use of forged documents, whether related to disability or other matters. Similarly, Article 366 of the CC establishes criminal liability for official forgery of any document.

However, despite the NSDC’s decision, no draft law has been submitted after more than two weeks of “active registration” that would propose urgent amendments to Article 368-5 of the CC (“Illegal enrichment”) or Article 290 of the Civil Procedure Code of Ukraine (CPC) concerning civil confiscation, specifically extending their scope to individuals deemed equivalent to those authorized to perform state or local self-government functions under paragraph 2 of Article 3 of the Law “On Preventing Corruption,” including employees of Medical and Social Expert Commissions (MSEC).

Will Strengthening the Sanctions Help Reduce Road Accidents?

Event

On November 1, 2024, Draft Law on amendments to the Code of Ukraine on Administrative Offenses (CAO) to increase administrative liability for repeat traffic violations (reg.№12172, of November 1, 2024) was registered in the Parliament. The draft law provides for the following:

1) limits the possibility of exemption from administrative liability for minor offenses (restricting to a verbal warning) for offenses under parts 5-7 of Article 122 of the CAO (“Exceeding the established speed limits, running a traffic control signal, and other traffic rules violations”) (Article 22 of the CAO);

2) introduces new qualified violations to Article 122 of the CAO concerning the rules for pedestrian crossings, intersections, overtaking, passing oncoming traffic, driving through a red traffic signal or disregarding a traffic officer’s signal, and failing to yield to pedestrians at unregulated pedestrian crossings – if these actions are committed by an individual who has been subjected to administrative penalty for the same offenses twice within the year.

CPLR’s assessment

In the Explanatory note to the Draft Law № 12172, the authors refer to statistics on the consequences of road traffic accidents (RTAs) and note that “speeding was the most common violation leading to accidents, officially identified as the cause of 56% of all road deaths”. However, it remains questionable whether strengthening the sanctions will actually reduce road accidents.

On February 16, 2021, the Law “On amendments to certain legislative acts of Ukraine concerning strengthening the liability for specific road traffic safety offenses” was adopted. This law introduced amendments to both the Criminal Code of Ukraine (CC) and the Code of Administrative Offenses (CAO), along with other related laws. In addition to increasing sanctions, it also limited the use of leniency provisions (such as exemption from criminal liability, suspension of sentences on probation, etc.) for violations of traffic safety rules or vehicle operation by individuals driving under the influence of alcohol, drugs, or other substances that impair attention and reaction time.

However, statistics show that the situation has not improved significantly since then. On the contrary, there has been a consistent annual increase in mortality from road traffic accidents. Therefore, merely strengthening the sanctions is not an effective approach to combating offenses, including traffic accidents.

Directive 2008/96/EC of the European Parliament and Council on road infrastructure safety management of November 19, 2008 (amended by Directive 2019/1936 of October 23, 2019) requires member states to ensure that a road safety impact assessment is carried out for all infrastructure projects. (Article 3), road safety audits are carried out for all infrastructure projects (Article 4), periodic road safety inspections are organized with sufficient frequency (Article 6), the needs of vulnerable road users are taken into account (Article 6b), and road markings and signs are provided (Article 6c). Additionally, the Annexes to the Directive outline the Indicative elements of road safety impact assessments (Annex I), Indicative elements of road safety audits (Annex II), Indicative elements for targeted road safety inspections (Annex IIa), and Indicative elements of network-wide road safety assessments (Annex III). Thus, the EU focuses on measures aimed at preventing road accidents, rather than punishing offenders or, even more so, strengthening the sanctions.

What are the main causes of road accidents and what are the  are the key concepts for reducing them?

Research indicates that the primary causes of RTAs include: violations of overtaking and distance rules, speeding, inadequate driver training, driving under the influence of alcohol or drugs, vehicle malfunctions, failure to comply with traffic rules, decreased driver performance, poor technical condition of vehicles, improper loading and securing of cargo, and insufficient road infrastructure maintenance.

The war has introduced additional road safety hazards in Ukraine. Attacks on energy infrastructure have necessitated widespread electricity conservation, often leading to street lighting being dimmed or completely turned off at night. This has contributed to an increase in fatal accidents involving pedestrians. Additionally, the number of illegal transport providers has grown, particularly in the border regions of western Ukraine, putting many passengers at risk.

On October 21, 2020, the Government approved Ukraine’s Road Safety Strategy for 2024. TThe strategy focuses on: digitalization and the implementation of an intelligent transportation system within road safety management; the development of modern safety infrastructure; establishing regulations and conditions in the transport sector to prevent safety negligence by carriers; creating an effective and rapid assistance system for accident victims; and launching a long-term nationwide campaign to significantly improve public attitudes toward road safety. A comprehensive Action Plan for implementing this Strategy through 

The operation of automated traffic cameras is being resumed, speed limits are being monitored by police patrols with radar, and roadblock checkpoints are being established to enhance safety and reduce traffic congestion. 

At the road safety expert meeting on November 14, 2022, the need to implement a penalty points system was emphasized, drawing from European practices. This system will target traffic offenders who repeatedly and deliberately violate traffic rules. It will involve the accumulation of penalty points (41 in total) for consistent violations of traffic regulations, and the loss of a driver’s license upon reaching a critical number of points. A draft law introducing the penalty points system for traffic offenses related to road safety was registered on January 5, 2022 (reg. №6502) and was included on the agenda on September 3, 2024.

The studies highlight the importance of implementing the “Vision Zero” concept for fatal and severe accidents. This approach involves collecting, analyzing, and using data to identify trends and predict the potential consequences of traffic fatalities within specific communities. Mapping can be used to identify accident hotspots, and then, using the Ukrainian Standard SSU 4123:2020 “Traffic Calming Devices” the appropriate engineering measures can be selected for those areas.

Therefore, efforts should focus not on increasing sanctions, as proposed in Draft Law No. 12172, but on developing comprehensive mechanisms to regulate behavior and ensure road safety. Urgent action is needed to further automate violation recording, install necessary traffic lights, speed bumps, and other measures, while considering the specific conditions posed by martial law.