PECULIARITIES OF THE LEGAL QUALIFICATION OF ADMINISTRATIVE OFFENSES RECORDED IN AUTOMATIC MODE, COMMITTED BY DRIVERS OF PASSENGER VEHICLES

Abstract

The article examines the features of the qualification of administrative offenses recorded in automatic mode, committed by drivers of passenger vehicles. The relevance of the topic is due to the increasing role of digital technologies in the field of road safety, the constant systematic spread in Ukraine of systems for automatic recording of traffic violations, which changes the classical approach to determining the composition of an administrative offense. The main attention is paid to the analysis of the composition of the offense (object, objective party, subject, subjective party), the determination of the features of the application of the provisions of Articles 14-2, 122, 123 of the Code of Ukraine on Administrative Offenses, as well as the analysis of legal conflicts regarding the liability of persons who did not actually commit the violation.The article emphasizes that in cases of automatic recording of an offense, the owner or proper user of the vehicle is responsible, regardless of who is actually driving. In this case, guilt is presumed, and the obligation to prove non-involvement in the offense is imposed on the person who is held liable. It is noted that this method of legal regulation may encroach on the principle of the presumption of innocence and individualization of legal liability.In addition, the specifics of proof are analyzed, procedural gaps and problems of implementing the right to defense are identified.The provisions on foreign citizens who have imported a vehicle into the territory of Ukraine and the difficulties of holding such persons accountable are also considered.The need for amendments to the legislation aimed at improving the procedure for bringing to administrative responsibility is emphasized, by introducing a clear distinction between automatic and non-automatic fixation; regulation of mechanisms for verifying the reliability of evidence; informing responsible persons about the fact of drawing up a resolution through digital communication channels, in particular integration with mobile applications.The article has theoretical and practical value for improving the process of qualifying individual administrative offenses in the field of road safety.