Evaluation Concept Of «Insignificance» As A Basis For Exemption From Administrative Responsibility For Driving Under The Influence

Abstract

The judicial practice of exemption of offenders from administrative resposibility due to insignificance provided by the Article 130 of the Code of Ukraine on administrative offences has been analysed. The problems of interpretation of the eveluative term “insignificance” as a basis for exemption from administrative responsibility under Article 130 of the Code of Ukraine on administrative offences has been disclosed. The сlassification of the most frequent cases of driving under influence into the insignificant administrative offence has been reviewed in practice. In particular, “low index of blood alcohol content”, “presence of mitigating circumstances“, “positive person ’s behaviour after committing offence”, ”onset of intoxication due to the use of medicines“,“ no seizure of a vehicle by police officers”. The delimitation of illegal behaviour of a person that contains all indications of administrative offence, administrative offences with a formal composition, circumstances that mitigate responsibility, and insignificant administrative offence has been conducted. It has been indicated that person’s behaviour after committed offence and circumstances that mitigate responsibility for administrative offence should not be taken into consideration for acknowledgment of its insignificance. It was identified that contrition of a gulity person, committing an offence for the first time or commitment by a person that has not been prosecuted before, difficult financial situation, compensation for the caused damage and existence of dependents, as 10 years ago continue to remain the most common basis for exemption of offenders from administrative responsibility due to insignificance. An extension term of up to one year of imposition of an administrative penalty for committing an offence provided by the Article 130 of the Code of Ukraine on administrative offences has been positively assessed.