Analysis Of The Punishment Of Penalties By Courts For Wrongful Death During Violation Of Rules Of Road Safety Or Operation Of Transport

  • T.M. Lutskyi
Keywords: wrongful death; purpose of punishment, imposition of punishment, crimes against traffic safety and operation of transport; the main punishment, additional punishment.

Abstract

The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of transport by persons who drive vehicles which caused caused the death of the victim or death (Part 2 and part 3 of Article 286 of the Criminal Code of Ukraine).

The ratio of the type and amount of punishment imposed by courts under this articleі of the Criminal Code of Ukraine on the basis of sentences passed by courts during 2019 is given. The appointment of the courts under the sanction of Part 2 and 3 of Article 286 of the Criminal Code of Ukraine of each of the types of penalty is analyzed. The author outlined the main aspects in the using of these types of punishments by the courts. The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal Code of Ukraine. Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than half of the analyzed sentences.

All court verdicts for 2019, contained in the Unified State Register of court decisions rendered in respect of crimes under Part 2 and Part 3 of Art. 286 of the Criminal Code of Ukraine, which resulted in negligent death of another person.

In addition, the author of the article suggested possible solutions to the problem, which are likely to arise as a result of the mandatory deprivation of the right to drive vehicles. According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 2 and part 3 of Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. It also covers the expediency of release by a court from serving a sentence of reprimand for negligent death of a person as a result of violation of traffic safety rules and operation of transport, as well as the imposition of a milder punishment than provided by law.

Published
2020-11-30