ADMINISTRATIVE PROCEDURES IN THE FIELD OF ROAD SAFETY

Abstract

The article examines administrative procedures in the field of road traffic safety as a distinct category of control and supervisory procedures implemented by public administration bodies. In the context of ongoing reforms of public governance in Ukraine, the administrative‑procedural format of exercising public authority is becoming a key instrument for ensuring legality, transparency, and predictability in the interaction between state bodies, local self-government, business entities, and citizens. However, both legal doctrine and current legislation lack a unified conceptual approach to defining and distinguishing the notions of “control” and “supervision,” which leads to inconsistencies in regulatory practice and complicates the formation of a coherent system of administrative procedures. The study analyzes scholarly approaches to understanding the essence and structure of control and supervisory procedures as well as the provisions of the Law of Ukraine “On the Basic Principles of State Supervision (Control) in the Sphere of Economic Activity”. The article argues that although control and supervision share common features, they differ in their purpose, degree of intervention, and legal consequences. The absence of a comprehensive normative act regulating the general procedure for exercising control and supervisory powers highlights the need to integrate these procedures into the unified framework of the Law on Administrative Procedure. Special attention is given to the procedural structure of control and supervisory activities in the field of road traffic safety, which includes: initiation of control actions; formalization of legal grounds; direct implementation of control measures (vehicle stops, document checks, technical inspections, use of automated systems, etc.); documentation of results; adoption of decisions on administrative response; and monitoring compliance with issued decisions. These procedures are implemented by the National Police, the State Service for Transport Safety (Ukrtransbezpeka), and other competent authorities, and are characterized by their interventionist nature aimed at preventing, detecting, and eliminating violations of traffic legislation. The article concludes that the unification of control and supervisory procedures within the general administrative procedure framework will enhance the effectiveness of public administration, strengthen legal certainty, and improve the protection of the rights and legitimate interests of road users.