WITHDRAWAL OF THE DRIVER'S LICENSE AS A MEASURE OF ENSURING CRIMINAL PROCEEDINGS IN CASES AGAINST TRAFFIC SAFETY AND VEHICLE OPERATION

Abstract

The article is devoted to the study of the procedure for withdrawing a driver's license as a measure to ensure criminal proceedings in cases of violations of traffic safety rules or the operation of transport by persons who drive vehicles, including those who are in a state of intoxication, for the commission of which criminal liability is provided under Articles 286, 2861 of the Criminal Code of Ukraine. Also, during the research, the grounds were characterized, in the presence of which, in accordance with the norms of the current criminal procedural legislation of Ukraine, a temporary restriction on the use of a special right will be applied to a person. In particular, Article 148 of the Criminal Procedural Legislation of Ukraine stipulates that in order to stop a criminal offense or prevent the commission of another, stop or prevent illegal behavior of a suspect in terms of obstructing criminal proceedings, ensure compensation for damage caused by a criminal offense, it is necessary to temporarily restrict the suspect from using a special right, the investigator, the prosecutor, other authorized official have the right to temporarily withdraw documents certifying the use of a special right. On the basis of the conducted research, it was determined the need to make appropriate changes and additions to the current criminal procedural legislation of Ukraine regarding the possibility of withdrawing a driver's license with the issuance of a temporary permit for the right to drive vehicles without restricting a person in using the right to drive vehicles. In particular, it is proposed to supplement Chapter II “Measures to ensure criminal proceedings” of the current Criminal Procedure Code of Ukraine with a new chapter 161 “Temporary withdrawal of a driver's license”, which will provide the grounds for the temporary withdrawal of a driver's license, terms and consequences resulting from the adoption of such a decision by investigators, prosecutors and others the authorities officials in accordance with the norms of criminal procedural legislation.