Features of criminal liability for offences against road safety and transport operation

Abstract

The relevance of this study was conditioned by to the need to investigate and comparatively analyse international legislation on criminal liability for violations of road safety, since this issue is one of the key problems of law and order in Ukraine. Comparison of the approaches of different countries allows examining possible areas of improvement for Ukrainian criminal legislation considering the elevated fatality and injury rates on the roads. The purpose of this study was to identify the specific features of criminal liability for encroachments on road safety and operation of transport in the laws of such countries as Georgia, the Republic of Moldova, Lithuania, Poland, Spain, France, and Turkey. The methodology of the study included a comparative legal analysis of the criminal codes of these countries, considering the systematisation and structure of the rules relating to traffic offences. It was found that most countries use a two-tiered system of codification of criminal offences, with general provisions covering public safety issues and separate chapters dedicated to road safety. The study found that in some countries, such as Lithuania and Moldova, criminal liability for negligent acts is stricter than in Ukraine. The analysis showed that intentional acts that do not lead to real consequences but pose a potential threat, as is the case in Spain and Poland, are also criminalised. It was concluded that foreign legislation tends to impose harsher penalties for violations that pose a risk of grave consequences for life and health. The practical value of this study lies in the possibility of using its findings to improve Ukrainian criminal legislation, specifically, to increase liability for violations of traffic rules and operation of transport, which will help reduce road accidents and increase the level of law and order in the country