Video fixation of violations of traffic rules: the lawyer explained why the drivers will often appeal protocols

The main problem is determining the true culprit of a breach, says Vadim Volodarsky

From June 1 the Ministry of internal Affairs of Ukraine once again has to launch a pilot project of the 50 systems in Kiev
and around the capital. But lawyers say that the law remained “gaps” that allow offenders to challenge the fine for violation of traffic rules and to win the court. How this can happen – this is referred to in the author’s article on the website Today.

Lawyers expect a exponential growth of cases where the intruder not only refuses to pay the fine, but would deny that was driving it. Here, experts believe, under the current legislation, “the truth” will be on the side of the offender. Because by law he is not required to prove that is not broken, but rather, the police must prove the driver was the one who issued the fine, or refuse claims.

The main problem was not eliminated, – the identification of the true guilty of the violation. Lawyer Vadim Volodarsky, specializing in the protection of human rights, recalled that in 2010 the constitutional Court declared unconstitutional article 14-1 Article about the “purpose” guilty a priori of the owner of the car, which was committed a traffic violation, and abolished it. Since then, essentially nothing has changed.

“This situation is well suited to the expression: “to Step on the same rake, – immediately accents Vadim Volodarsky. – Remember what the outcome of the previous attempt, and why. Then the norm of accountability was recognized unconstitutional by the constitutional Court.”