THE ISSUES OF LEGAL REGULATION AND PRACTICE OF ESTABLISHING THE FACT THAT A PERSON DRIVES A VEHICLE IN A STATE OF INTOXICATION (NOTE TO ARTICLE 12.8 OF THE CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES)


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Abstract

The paper considers the legal regulation and practice of establishing the fact when a person drives a vehicle in a state of intoxication. For such offense, the current Code of the Russian Federation on Administrative Offenses establishes an administrative responsibility, the practical application of which causes many disputes related to the appeal of the decisions on the accountability for crimes. However, most of the disputes arise about the issue of the determination of a state of intoxication that is the main in the characteristics of the considered administrative offenses and is determined in accordance with the notes to the Article 12.8 of the Code of the Russian Federation on Administrative Offenses. The paper draws attention to the legislative vacuum existed until recently and involved the use by the legislator of one indicator of alcohol level and the absence of reference to the maximum allowable level of blood alcohol content in the note to the Article 12.8 of the Administrative Code. It is evidenced by the numerous legal precedents on the issue of at what value of blood alcohol content, the fact of intoxication should be regarded as the established one in the cases when the analysis was carried out not by inhaling air but by taking blood samples. The existed legislative vacuum contributed to the fact that the persons who actually drove a vehicle in the state of intoxication avoided the administrative responsibility that, as a consequence, reduced the level of road safety. The paper analyzes the Federal Law of April 3, 2018 № 62-FZ with regard to the addition of a provision to the Notes to the Article 12.8 of the Code of the Russian Federation on Administrative Offenses that allows establishing the state of alcohol intoxication by the presence of absolute ethyl alcohol in the concentration of 0.3 and more grams per liter of blood. The issues studied in the paper and arising in the practice of establishing the fact when a person drives a vehicle while intoxicated were solved by this Federal law which allows taking administrative actions against the persons who actually drove a vehicle in the state of intoxication.

About the authors

Aleksandr Vladimirovich Moiseev

Togliatti State University, Togliatti

Author for correspondence.
Email: ur63@yandex.ru

lecturer of Chair “Constitutional and administrative law”

Russian Federation

References

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