ADMINISTRATIVE LIABILITY FOR INTENTIONAL CONTROLLED SKIDDING OF A VEHICLE (DRIFTING): LEGISLATIVE INITIATIVES IN UKRAINE AND FOREIGN EXPERIENCE

Abstract

The article is devoted to the study of the issues related to the introduction of administrative liability for intentional controlled skidding of a vehicle (drifting). Special attention is paid to the analysis of current legislative initiatives in Ukraine regarding the establishment of administrative liability for this type of conduct. In particular, the article analyzes the provisions of the Draft Law of Ukraine «On Amendments to the Code of Ukraine on Administrative Offenses Regarding the Establishment of Liability for Intentional Controlled Skidding of a Vehicle (Drifting)» (Reg. No. 9642 of August 22, 2023). It is emphasized that drifting as an unlawful act should be distinguished from the sport of the same name. In this context, considering the widespread use of the term «drifting» to refer to a type of motorsport and its official recognition in Ukraine, as well as for the purpose of clearly differentiating between unlawful conduct and sporting competitions, the issue arises as to whether a more precise term should be used to denote this specific administrative offense. Other shortcomings of Draft Law No. 9642 are also highlighted, including: a) the impossibility of including in the disposition of the proposed Article 122-6 of the Code of Ukraine on Administrative Offenses a reference to «violation of traffic rules...» given the absence of a direct prohibition against intentional controlled skidding (drifting) in the Resolution of the Cabinet of Ministers of Ukraine «On Traffic Rules» dated October 10, 2001; b) certain variants of unlawful behavior related to drifting, which the draft law proposes to define as a separate administrative offense, are already subject to administrative liability under the current legal framework. The analysis of foreign experience has shown that in many countries, intentional controlled skidding of a vehicle (drifting) – with the exception of drifting as a sport – is prohibited (e.g., Georgia, the USA, Saudi Arabia, Turkey, Japan, etc.). The article concludes that it is appropriate to amend the Code of Ukraine on Administrative Offenses and establish administrative liability for intentional controlled skidding of a vehicle (drifting), provided that Draft Law No. 9642 is revised.