CHARACTERISTICS OF THE COMPOSITION OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR BY ART. 124 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES: ISSUES OF THEORY AND PRACTICE

Abstract

The scientific publication is devoted to the analysis and characteristics of the composition of the administrative offense provided for in Art. 124 of the Code of Ukraine on Administrative Offenses, which provides for liability for violations of traffic rules that caused damage to vehicles, cargo, highways, streets, railroad crossings, road structures, or other property. It is noted that the specified administrative offense is an offense with a material component, the key condition for the onset of administrative liability in accordance with the hypothesis of Art. 124 of the Code of Ukraine on administrative offenses is the occurrence of consequences in the form of damage to vehicles, cargo, highways, streets, railway crossings, road structures or other property. Therefore, the key task of public administration bodies is the correct and prompt recording of the consequences of a traffic accident by means of photo and video recording, and the removal of relevant information from stationary external video surveillance cameras. In addition, according to the design feature of the administrative offense provided for in Art. 124 of the Code of Ukraine on Administrative Offenses is blanket-descriptive (the first part of the structure refers the subject of law enforcement to the Road Traffic Rules, approved by a resolution of the Cabinet of Ministers of Ukraine, the second part describes the consequences of their violation, upon the occurrence of which the sanction of the specified article is applied). It is indicated that the composition of the administrative offense provided for in Art. 124 of the Code of Ukraine on Administrative Offenses is the main one, and the structure is alternative, because the note to the specified article provides for the possibility of releasing a person from administrative liability, subject to compliance with the conditions specified in the note. The elements of the specified administrative offense are characterized: object, features of the objective side, types of subjects and distinctive features of the subjective side of the offense. Suggestions for improving the legal construction of the hypothesis, disposition and sanction of Art. 124 of the Code of Ukraine on administrative offenses are formulated. In particular, it is proposed to supplement Art. 124 of the Code of Ukraine on Administrative Offenses, part two, which will provide such qualifying features as: committing the specified offense repeatedly within a year, committing it while under the influence of alcohol or drugs. Accordingly, in the sanction of the second part it is proposed to establish enhanced administrative responsibility for committing the specified offense (if there are qualifying signs).