The deprivation of the right to drive a vehicle as an intersectoral category and type of punishment for traffic violations and crimes

The subject of the research is the criminal and administrative legal norms regulating the peculiarities of administrative punishment in the form of "deprivation of the right to operate a vehicle," as well as criminal punishment in the form of "deprivation of the right to engage in activities related to vehicle operation," imposed for traffic offenses. The object of the research is the social relations that arise in the sphere of applying the punishment of deprivation of the right to operate a vehicle for violations of traffic rules. The aim of the research is to analyze the norms of current criminal and administrative legislation regulating punishments in the form of deprivation of the right to operate a vehicle, imposed for traffic offenses. The author examines the intersectoral nature of these types of punishments, forms their common features, similarities in content, as well as significant differences in the addressees, grounds for imposition, peculiarities of terms, and possibilities of mutual offsetting. The methodological basis consists of general scientific and specific scientific methods of cognition, comparative legal methods, formal-legal methods, and systemic-structural analysis. The novelty of the research lies in the study of poorly researched aspects related to non-obvious differences in punishment in the form of deprivation of the right to operate a vehicle as a result of bringing to administrative or criminal responsibility from the perspective of its intersectoral nature and the peculiarities of legislative formulation in criminal and administrative legislation. The proximity of the elements of administratively and criminally punishable traffic rules, minor differences in delineating their characteristics, and the possibility of their transformation into one another make the legal assessment of the punishment in the form of deprivation of the right to operate vehicles, as necessarily imposed for violations, relevant and practically significant. The results of the research may be demanded in the practice of selecting and imposing punishment in the form of deprivation of the right to operate a vehicle as a criminal or administrative punishment.

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Publication Details

Journal
Полицейская и следственная деятельность
Published
2026-01-01
DOI
https://doi.org/10.25136/2409-7810.2026.1.77561
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

The deprivation of the right to drive a vehicle as an intersectoral category and type of punishment for traffic violations and crimes

Marina Vyacheslavovna Baranchikova
Полицейская и следственная деятельность
Ukrainian Legal and Forensic Studies
article

The deprivation of the right to drive a vehicle as an intersectoral category and type of punishment for traffic violations and crimes

Marina Vyacheslavovna Baranchikova
article en

Abstract

The subject of the research is the criminal and administrative legal norms regulating the peculiarities of administrative punishment in the form of "deprivation of the right to operate a vehicle," as well as criminal punishment in the form of "deprivation of the right to engage in activities related to vehicle operation," imposed for traffic offenses. The object of the research is the social relations that arise in the sphere of applying the punishment of deprivation of the right to operate a vehicle for violations of traffic rules. The aim of the research is to analyze the norms of current criminal and administrative legislation regulating punishments in the form of deprivation of the right to operate a vehicle, imposed for traffic offenses. The author examines the intersectoral nature of these types of punishments, forms their common features, similarities in content, as well as significant differences in the addressees, grounds for imposition, peculiarities of terms, and possibilities of mutual offsetting. The methodological basis consists of general scientific and specific scientific methods of cognition, comparative legal methods, formal-legal methods, and systemic-structural analysis. The novelty of the research lies in the study of poorly researched aspects related to non-obvious differences in punishment in the form of deprivation of the right to operate a vehicle as a result of bringing to administrative or criminal responsibility from the perspective of its intersectoral nature and the peculiarities of legislative formulation in criminal and administrative legislation. The proximity of the elements of administratively and criminally punishable traffic rules, minor differences in delineating their characteristics, and the possibility of their transformation into one another make the legal assessment of the punishment in the form of deprivation of the right to operate vehicles, as necessarily imposed for violations, relevant and practically significant. The results of the research may be demanded in the practice of selecting and imposing punishment in the form of deprivation of the right to operate a vehicle as a criminal or administrative punishment.

Полицейская и следственная деятельность(1)
University of Rostock (DE)
Peace, Justice and strong institutions
Openalex Percentile: Top 96%
Ukrainian Legal and Forensic Studies
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