DOI: 10.7256/2306-9945.2022.2.37911

Abstract: The subject of the study is the illegality of driving a vehicle with improper light transmission of car windows. The object of the study is the social relations that develop in the process of driving a vehicle on which tinted windows with a light transmission of less than 70% are installed in violation of the legislation of the Russian Federation. The author examines in detail such aspects of the topic as the application of Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation as a basis for the use of such a measure to ensure proceedings in cases of administrative offenses as the prohibition of vehicle operation. Particular attention is paid to the duty of traffic police officers to use special technical means when checking the light transmission of car windows and the data of those special technical means reflected in the protocol. The main conclusions of the study can be determined as the need to adopt more severe penalties for the operation of vehicles with the presence of tinting or prohibit the operation of the vehicle with such malfunctions. A special contribution of the author to the study of is a comparative analysis of various points of view on the use of vehicles on which tinted windshields and front side windows are installed in violation of legal norms. The novelty of the study lies in the consideration of judicial practice indicating that driving a vehicle whose front side windows do not meet the requirements of the technical regulations on the safety of wheeled vehicles forms part of an administrative offense provided for in Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation.

DOI: 10.7256/2306-9945.2021.4.36685

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.

DOI: 10.7256/2306-9945.2019.2.29096

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.