Administrative tort in the field of road safety: history and trends

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The article considers topical problems of administrative tort in the field of road traffic. Based on the analysis of statistical data the negative progression of administrative offenses in this area of national security is noted. The article considers the established approaches in understanding the causes, conditions and structure of administrative tort. The public danger of administrative torts in the field of road safety is emphasized. Attention is emphasized on the fact that the assignment of administrative punishment is based on the humanistic principle of “punishment, correction and education” of the offender. The scientifically grounded structure of studying and overcoming administrative tort is analyzed: 1) socio-legal nature, determination, structure and dynamics of administrative tort; 2) development and timely improvement of the scientific model of administrative-tort legislation, careful selection of acts for which legal responsibility is established; 3) development of the optimal model of counteraction to administrative tort; 3) development of the optimal model of administrative tort. The article analyzes a number of modern approaches and provides arguments confirming the need to consider the problem of administrative tort, due to its mass nature, in a broader field of social management. It is noted that the key objectives of public policy in overcoming administrative tort in the field of road traffic are not fully utilized, especially in terms of developing a modern model of social management in its overcoming. The authors see the ways to solve the problem of administrative tort in a comprehensive approach to the formation and implementation of public policy in the field of road safety. Where the leading role belongs to administrative-tort law, functional - to the traffic police, accompanying include the use of modern methods and technologies for the formation of legal (transport) culture, administrative legal consciousness of citizens. Modern approaches of complex solution to the problem of administrative tort on the basis of synthesis of scientific and practical knowledge of law, sociology and psychology are substantiated. The conclusion suggests ways to solve the problem taking into account modern realities and trends in the development of the state and society. The author’s position of developing a modern project of increasing legal (transport) culture and administrative legal consciousness of citizens as road users on the basis of modern benchmarking and foresight technologies is presented.

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Administrative-tort law, administrative offense, administrative tort, ensuring road safety

Короткий адрес: https://sciup.org/14129593

IDR: 14129593   |   DOI: 10.47475/2311-696X-2024-40-1-29-35

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