ПРАВОВІ ПРОБЛЕМИ КРИМІНАЛІЗАЦІЇ КЕРУВАННЯ ТРАНСПОРТНИМИ ЗАСОБАМИ У СТАНІ СП’ЯНІННЯ

Abstract

The article is devoted to a complex and insufficiently investigated problem of the criminalization of driving under the influence. The author gives a comparative analysis of the current legislation of Ukraine and the innovations of the Ukrainian legislation of 2018 to criminalization of driving under the influence, which will take effect on January 1, 2020.
The conclusion is substantiated that, in general, strengthening responsibility for driving under the influence in 2016 was a step in the right direction. At the same time, the author draws attention to the significant legislator's mistakes in the current legislation of Ukraine in this sphere: sanctions of the related articles 122-2, 122-4, 129, 130 of the Code of Administrative Offenses of Ukraine are in disproportion both in relation to each other and in relation to sanctions of the Criminal Code of Ukraine.
Then the author analyzes the provisions of the new law of November 22, 2018, which will take effect on January 1, 2020. Based on the comparative analysis of the sanctions of new Article 286-1 of the Criminal Code of Ukraine with the sanctions of the related articles 122-2, 122-4, 129, 130 of the Code of Administrative Offenses of Ukraine, the author makes a conclusion about their disproportion. Thus, the author justifies the need for a systematic approach to reforming the legislation and bringing these sanctions in line with the new, more severe penalties provided for by article 286-1 of the Criminal Code of Ukraine.