LEGALITY IN THE SPHERE OF ROAD SECURITY, FIXED IN AUTOMATIC MODE OR IN THE MODE OF PHOTO-CAPTURE (VIDEO RECORDING): PROBLEMS OF RIGHT HANDLING

Abstract

The article highlights the problems of law enforcement activities in the field of road safety, namelythe prosecution of persons for whom vehicles are registered, for offenses that are recorded automatically and inthe mode of photography (video).A systematic analysis of the current legislation of Ukraine for mutual agreement, legal conflicts and/or gapsin the relevant legal relations with the principles of the Constitution of Ukraine, the basic principles of the Codeof Administrative Offenses, as well as decisions of the Constitutional Court and the European Court of HumanRights in the relevant field.Based on the decisions of the European institutions and on the basis of an expanded interpretationof Article 62 of the Constitution of Ukraine it is proved that: first, the presumption of innocence should not belimited to criminal proceedings, but also to the procedure for reviewing administrative offenses; secondly,the principle of individualization of responsibility is not directly defined in the Code of Administrative Offenses,but indirectly follows from its provisions. Therefore, the existence of a legal conflict between certain provisionsof the Code of Administrative Offenses has been proved, where one norm provides for the possibility of bringing to justice those who have not committed an administrative offense, another – actually prohibits it, because it indicates
that the subject of an administrative offense can only be a person directly committed the offense. Accordingly,
one of the requirements for ensuring the rule of law in the state was violated – the consistent and consistent
implementation of the principle of legal certainty.