Automatic Recording of Traffic Rules Violations in Foreign Countries: Theoretical and Practical Aspects

Abstract

First of all, the topicality of the topic is related to the relatively recent introduction of administrative liability in Ukraine for traffic safety violations recorded automatically. More precisely, with the legal mechanism for regulating the procedure of bringing persons to administrative responsibility for such type of offenses, for which the constitutional principles and tasks of legal (administrative) responsibility are nullified. The introduction of a system of automatic recording of violations of traffic rules is indeed an obviously necessary step, which, however, requires a detailed study and significant improvement of the legal framework that regulates it, with mandatory consideration of the need to observe the legal rights and freedoms of persons subject to administrative responsibility. Of course, the automatic recording of offenses in the field of road safety in Ukraine is relatively new and is only gaining momentum, going through the process of its formation. On the other hand, the operation of cameras on roads in other developed countries, such as in Great Britain, the United States of America, Germany, France, Finland and Sweden already has a long history that deserves a more detailed study. That is why the purpose of the work is to conduct an analysis of foreign practices in the outlined area, which will allow us to suggest ways to improve national legislation, because an effective and fair mechanism of bringing to administrative responsibility for the type of offenses we are investigating is one of the means of ensuring road traffic. To achieve the goal, the research used a complex of general scientific and special methods of scientific knowledge, mostly the comparative legal method. This method was used to compare the theoretical and practical aspects of the functioning of the system of automatic recording of violations of traffic rules in foreign countries and to develop practical recommendations for improving its use in Ukraine. Many years of foreign experience in using the system of automatic recording of offenses should serve as a reliable basis for the implementation and development of the national system with the least resistance from society, as well as the minimization of practical mistakes and legislative gaps in this area. The conducted analysis made it possible to identify the most efficient and effective mechanism for bringing to administrative responsibility persons for violations of the Traffic Rules recorded in automatic mode, taking into account the need to observe the fundamental rights and guarantees of the subjects of this type of offense.