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The Draft Law of Ukraine ‘On amendments to the Code of administrative violations (about harsher administrative punishment because of failure to yield for transportation facilities of emergency rescue services, emergency medical services, fire protection services, militia)’ №4962 from June 12 of 2016

15.09.2016
Public administration /
Administrative delicacies

Comments and suggestions of CPLR on the Draft Law of Ukraine ‘On amendments to the Code of administrative violations (about harsher administrative punishment because of  failure to yield for transportation facilities of emergency rescue services, emergency medical services, fire protection services, militia)’ №4962 from June 12 of 2016


Comments and suggestions

Of CPLR

On the Draft Law of Ukraine ‘On amendments to the Code of administrative violations (about harsher administrative punishment because of  failure to yield for transportation facilities of emergency rescue services, emergency medical services, fire protection services, militia)’ №4962 

from June 12 of 2016

Generally, the CPLR respects an idea about provision of undeviating fulfilment the requirements of the traffic rules by drivers. The rules concern driver’s behavior on the move (and stop, in some cases) of transportation facilities (hereafter – t/f) with
switched flasher lamp of red, blue or green colours and/or special audio signal. The reason for this is that  failure to yield for that t/f of free passage can lead to dire consequences (late arrival of a patient to a hospital can lead to a death or loss of health; late arrival of staff members from emergency response service to fire location or to accident can lead to death of many people, big material losses etc.; late arrival of guard service also can lead to deaths and losses).

Moreover, an analyzed project is outlined by oversimplified conception of this problem and ways of solution (roughly there is offered to ‘cut’ in one place and to add in another, increasing traffic fines 10-fold).

1. The main comments and propositions

1. The Code of administrative violations of Ukraine (or any administrative and law regulation) has to comply with demands of systematicity, logicality and sequence of placed legally enforceable enactments. In this case it is referred to a system of inhibitory norms, which describes administrative violations on transport and a system of fines prescribed by the law.

Especially the system of administrative violations should be formed in such way, which provides approximately the same (by pattern and range) fines for approximately the same (by pattern and range) violations. If the suggested by the Draft Law a statutory wording of the Article 122-6 of the Code is got the other  inhibitory norms’ angle on the transport administrative violations, we will see the essential irregularities of rules, which were marked earlier.

For example, a violation of failure to yield for t/f of emergency medical services (the suggested statutory wording of the Article 122-6 of the Code) by its pattern and detriment is proportionality with such violation as failure to yield for t/f of medical workers (a current Article 122-6 of the Code), cause of potential consequences are approximately the same. But for the simple kind of the first violation drafters propose to set a fine at a rate from 250 up to 300 tax-free minimum incomes, and for the second violation the statutory wording of the Article 122-6 of the Code provide for possible fine at a rate of 4 tax-free minimum incomes, so it is 100-fold less.

It is hard to escape a similar conclusion that during a comparing of
sanctions from the suggested statutory wording of the Article 122-6 of the Code with sanctions of the Articles 122-4 and 124 of the Code.

So, the main problem of this Draft Law is a non-systemic problem-solving approach of ensuring an execution of traffic rules by all road users.

Besides that, there are many other problems, which should be solved for safety traffic on roads