Release:Vesntik TSU. law (#3). 2014
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; firstname.lastname@example.org
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.
1. Missive from the President of the Russian Federation to the Federal Assembly. Russian newspaper — Rossiiskaia gazeta. (13.12.2013). (in Russian).
2. Data presented on site. URL: http://www.gibdd.ru
3. Report "On the State of Affairs in the Sphere of the Road Safety in Russian Regions in 2013". URL: http://www.oprf.ru/ru/discussions/newsitem/23352
4. Zanina, T.M., Chetverikova, A.I. Organizational and Legal Aspects of the Use of Funds for Traffic Cameras in the System of Control for Road Safety. Bulletin of Voronezh Institute of Ministry of the Interior of Russia — Vestnik Voronezhskogo instituta MVD Rossii. 2013.
№ 1 P. 87-91. (in Russian).
5. Ruling of Plenary Assembly of the Supreme Court of the Russian Federation dated March,
24 2005, para 5 "On Some Issues Arising from Courts in Applying the Code of the Russian Federation on Administrative Offenses". URL: http://base.consultant.ru/cons/
6. Kostylev, A.K. Protsessual'noe obespechenie administrativnoi otvetstvennosti: Monografiia [Procedural Provision for Administrative Responsibility: Monograph]. Tyumen, 2008. P. 66. (in Russian).
7. Rostarchuk, M. "Deceive Traffic Cameras? It's Completely Realistic". URL: http://daeshprava.ru/ (22.10.2013).
8. Peredernin, A.V. Tax Administration in the System of Safeguards for Local Government in the Russian Federation. Vestnik Tiumenskogo gosudarstvennogo universiteta— Bulletin of Tymen State University. 2011. № 3. Pp. 171-176. (in Russian).
9. Ruling of the Supreme Court of the Russian Federation dated October 25, 2013.
N 11-AD 13-16. URL: http://www.garant.ru/hotlaw/federal/
10. Kot, E.N. Results of the Program "Minus 100" in Large Belarusian Cities. URL: http://www.ibdd.spb.ru/docs/2012-09/section_3.pdf