Issues of guarantees provision for drivers and vehicle owners within electronic jurisdiction proceedings

About the authors:

Anatoliy K. Kostylev, Cand. Sci. (Law), Associate Professor at the Department of Administrative and Financial Law, Institute of State and Law, Tyumen State University; sevrugin@jutati.ru

Anatoliy V. Peredernin ,

Abstract:

In recent years the road traffic automatic control devices are widely used to impose administrative responsibility on drivers and vehicles owners. As a result administrative jurisdictional procedure is becoming incomplete in its form and content leading to violations of their rights. The article contains a number of suggestions meant to ensure regular road traffic and observe the rights of administrative laws breakers in conditions of electronic administrative jurisdiction procedure. In particular, the suggestions are as follows: due to the dramatic increase of unpracticed and unskilled drivers in modern Russia, it is proposed to start training for obtaining a driving license in senior school, introducing an optional course for these purposes; in cases of petty road accidents insurance companies should have the authority to deal with the legal formalities of the case; to intensify the decision making process connected with the permission to increase the speed limit on highways of up to 120km/hr; to bind the road traffic inspection officers to complete the accident report and conduct the proceeding in corpore if a person objects the court ruling based on a video camera data and submits a written or electronic claim; to create a separate section or a chapter in the Administrative Code of the Russian Federation regulating the procedure of electronic jurisdiction to protect drivers and vehicles owners.

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