On the issue of grounds for criminal liability for certain crimes against road safety and transport operation (Articles 286, 286-1 of the Criminal Code of Ukraine)

Abstract

The article is devoted to the analysis of the grounds of criminal liability for certain crimes against road safety and transport operation (Articles 286, 286-1 of the Criminal Code of Ukraine). The author identifies the humanitarian consequences of road traffic injuries and related mortality, and describes the characteristics of victims of criminal offenses in the field of road traffic safety and transport operation and their dynamics. Negative trends have been confirmed, namely: 1) a consistently high level of cases of violation of road safety rules or operation of vehicles by persons driving vehicles; 2) an increase in the number of cases of violation of road safety rules or operation of vehicles by persons driving vehicles while intoxicated; 3) an increase in the number of persons convicted under Article 286-1 of the Criminal Code of Ukraine, as well as individuals who suffered from this crime.
The author summarizes the practice of sentencing by courts for crimes under Articles 286 and 286-1 of the Criminal Code of Ukraine and notes that the percentage of persons convicted under Part 2 of Article 286 of the Criminal Code of Ukraine who are released from serving their sentence with the establishment of a probationary period is unreasonably high.
The author provides arguments in favor of strengthening criminal liability for committing crimes under Articles 286 (in terms of death of the victim / death of several persons) and 286-1 of the Criminal Code of Ukraine by providing for in Article 96-1 of the Criminal Code of Ukraine the possibility of special confiscation of the offender’s vehicle, as well as restrictions on the application of probation (Article 75 of the Criminal Code of Ukraine) in these cases.