Andreev P.G. —
Prevention of victimization in the area of road traffic
// NB: Administrative Law and Administration Practice. – 2021. – ¹ 4.
– P. 1 - 8.
DOI: 10.7256/2306-9945.2021.4.36685
URL: https://en.e-notabene.ru/al/article_36685.html
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Abstract: The subject of this research is the preventive measures aimed at elimination of victimization that within the framework of road traffic in the Russian Federation. The object of this research is the social relations of victimhood that arise among all road users. The author carefully examines such aspects of the topic as forms of victimhood in the area of road traffic, measures that should be implemented for elimination of victimization in the area of road traffic, and provides practical example of victimhood caused by road accident. Special attention is given to preventive measures aimed at elimination of victimization in the area of road traffic in the Russian Federation. The main conclusion lies in the statement that from the practical perspective, the effectiveness of preventive measures aimed at solution of the problem of victimization lies in the interest of the road users in maintaining safety through the appearance of the consequences of road accidents, stiffening of penalties for breach of legislative regulations, realization of responsibility both for one's self and loved ones. The author’s special contribution consists in providing definition to the two forms of victimhood in the area of road traffic: 1) careless, caused by unintentionally by lack of experience of road users, substantiated by situational behavior of persons with poor sense of spatial environment; 1) reckless, caused by neglecting the road traffic regulations, provocative behavior on the road. The novelty of this work consists in the use of the relevant legal precedent that describes the victim side of road users.
Andreev P.G., Bylinin I.A. —
Legal Aspects of Federal State Supervision Activity in the Sphere of Road Safety When Running Transport Vehicles, Problems and Solutions
// NB: Administrative Law and Administration Practice. – 2019. – ¹ 2.
– P. 22 - 29.
DOI: 10.7256/2306-9945.2019.2.29096
URL: https://en.e-notabene.ru/al/article_29096.html
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Abstract: The subject of the research is the statutory regulations that ensure the compliance with the technical requirements of vehicles, control and supervision over technical inspection of vehicles. The object of the research is the social relations arising in the process of federal supervision over legal entities, independent entrepreneurs, and road users complying with the requirements for tchnical operation of vehicles. The author of the article analyzes state control (supervision) over observance of road safety legal acts that set forth requirements for the design and technical condition of vehicles, vehicle trucks and supplements. The methodological basis of the research includes formal law, analytical and systems methods, analysis, synthesis, modelling, and comparison. The main conclusions of the research are the following: current road traffic rules that regulate the state control over observation of requirements for the operation of the vehicle are not complete yet, thus to avoid the penalty it is necessary to impose responsibility for drivers of all kinds of vehicles for non-passing the vehicle inspection. There is also the need to clarify the definition of 'state technical supervision of vehicles'. In this research the authors analyze definitions of 'state technical supervision' and 'technical supervision of vehicles'. The novelty of the research is caused by the fact that the authors suggest to apply the definition of state technical supervision of vehicles to vehicles owned by legal entities and independent entrepreneurs that perform passenger and freight service. Within the framework of this research, based on the in-depth analysis of associated legal provisions in the sphere of road traffic safety, the authors make recommendations on how to improve the administrative law in the aforesaid sphere.
Andreev P.G., Bylinin I.A. —
The Legal Status of Unmanned Vehicles as the Road Users Within the Federal Government Supervision
// Administrative and municipal law. – 2019. – ¹ 1.
– P. 1 - 6.
DOI: 10.7256/2454-0595.2019.1.28614
URL: https://en.e-notabene.ru/ammag/article_28614.html
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Abstract: The subject of the research is the provisions of the administrative law that give the definition of 'unmanned vehicle driver' and control the practical use of the category 'unmanned vehicle' for the road safety provision. The object of the research is the social relations arising in the process of administrative regulation of road safety. The authors of the article examines such aspects of the topic as individualization of responsibility for an accident with an unmanned vehicle and importance of autonomous control of vehicles for individuals with disabilities. The authors focus on the solutions of the problems of unmanned vehicle control by disabled individuals who do not have a driving license. In the course of writing their article the author has used general and special research methods such as dialetical, historical, structured systems, comparative legal, statistical and legal analysis. The main conclusions of the research are the following: the authors emphasize the need to create the legal base for successful management of unmanned vehicles as full road users, consolidatino of terms 'unmanned vehicle' and 'unmanned vehicle driver' and to outline a circle of individuals responsible for the control of unmanned vehicle as well as software support for the purpose of continous and correct operation. The authors' special contribution to the topic is that they specify this issue for individuals with disabilities. The novelty of the research is caused by the fact that for the first time in the academic lierature the authors analyze associated concepts of administrative law and law-enforcement practice and give recommendations on how to improve administrative laws in the aforesaid sphere.