Правоприменение (Jun 2017)
The problems of enforcement of decisions on the deprivation of the driver's license
Abstract
УДК 342.9The subject of research is legal regulation and practice the enforcement of punishment on deprivation of the license permitting to drive a variety of vehicles.The purpose of this article to show that even for such well-established for many years, narrow and specific law enforcement procedure as the execution of administrative punishment in the form of deprivation of the license there is is very typical whitespace in legal regulation leading to conflicts and risks of enforcement. Methodology. The analysis of administrative-legal actions of officials of State Traffic Safety Inspectorate and State Technical Supervision Authority, as well as legislation on the enforcement of their decisions on cases of administrative offences.Results. It is possible to identify the main causes of the problem of law enforcement, placing them in order of importance:1. The lack of the necessary normative legal acts, regulating the procedure of interaction of the bodies of Rostekhnadzor with the traffic police authorities, courts (judges), and the rules of procedure of the issuance of the certificate of the tractor operator-the machinist after the end of the period of deprivation, the absence of an approved format (sample) medical certificate, etc., i.e. a very significant omissions of administrative-legal regulation.2. The failure of judges to the provisions of part 2 of article 32.5 of the administrative code of submitting to the authorities of state technical control of decisions on deprivation of the right of management by a tractor, self-propelled machine or other types of equipment for execution.3. Insufficient level of interaction of police with the Gostekhnadzor for the execution of administrative punishment in the field of traffic.4. The lack of access of authorities of state technical control for Federal information system, integrated into the necessary parts of the information system of internal Affairs bodies and the State information system on state and municipal payments (GIS GMP).The fragmentation of administrative-legal regulation first of all necessitates considerable strengthening of coordination in the execution of judgments of the judges on deprivation of drivers of the right of control of the vehicle in terms of deprivation of the right of management by a tractor, self-propelled machine and other types of equipment.In order to solve this problem the authors propose the organization of a number of organisational measures.Developed one of possible algorithms of interaction of the organization and uniformity of actions of officials of the specified services for the execution of penalties of deprivation of rights management.Conclusions. The question of the effectiveness of the existing norms of administrative law regulating the execution of deprivation of the driver’s license, requires additional justifica-tion.In the long term it is required the creation of a single Federal interagency information area. Common use of it by the judges, employees of State Traffic Safety Inspectorate and State Technical Supervision Authority, court bailiff, etc.) will minimize legal risks.
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