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: 10.7256/2306-9945.2019.2.29096

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. 

DOI: 10.7256/2454-0595.2019.1.28614

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.