Regarding the grounds and amounts of administrative and economic fines in road transportation
Year: 2025
Type: article
Abstract: The article is dedicated to studying the grounds and amounts of administrative and economic sanctions in the field of road transport in Ukraine and their comparison with legal regulation in the United States. The growing volume of transportation, the integration of transport systems, and the increasing safety requirements highlight the need for effective control and carrier responsibility. The author analyzes law enforcement issues, identifies shortcomings in the current legislation, and proposes ways to improve it. One of the main problems identified is the excessive regulation of Ukraine’s sanction system and the use of outdated legal acts, particularly the 1969 Statute of Road Transport of the Ukrainian SSR. The lack of unified approaches to determining carrier liability leads to legal uncertainty. Significant fines are imposed based on formal grounds, even in cases where the violation does not pose a real public threat. Particular attention is given to the issue of fines for the absence of a waybill. In contrast, in the United States, penalties for missing transport documents primarily apply to the transportation of hazardous materials. U.S. legislation provides a differentiated system for assessing violations, considering the severity of the offense, potential risks, the financial status of the carrier, and their history of violations. It is argued that the Ukrainian system of fines in this area has a significant fiscal bias, increasing pressure on businesses. The absence of flexible sanction mechanisms and clear criteria for assessing violations prevents a fair approach to carrier liability. Unlike the United States, where control is aimed at preventing actual safety threats, Ukraine exhibits a selective and punitive approach, undermining trust in the regulatory system. The article proposes a set of measures to improve Ukrainian legislation, including the revision of mandatory documents, the introduction of a differentiated penalty system, and the adaptation of international experience to reduce administrative pressure on carriers, enhance control efficiency, and promote the development of the transport industry.
Author: M. M. Voinarivskyi
Language: English
Subfield: Transportation
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409949145