ON THE QUESTION OF UNCERTAINTIES IN THE LEGAL STATUS OF A PERSON USING MEANS OF INDIVIDUAL MOBILITY AS A SUBJECT OF ADMINISTRATIVE LIABILITY

Abstract

The purpose of the work is to identify uncertainties in the legal status of persons using personal mobility vehicles (hereinafter referred to as PMV) for transportation as subjects of administrative liability.

A systematic analysis of legal acts defining the content of the legal status of this category of subjects allowed the author to discover technical and legal defects that manifest themselves in the absence of an accurate and complete regulatory and legal establishment of individual components of the legal status of persons using PMV for transportation as subjects of administrative liability: gaps in the norms of the Code of Administrative Offenses of the Russian Federation establishing administrative liability for persons using PMV; conflicting norms establishing the content of the categories "driver", "vehicle", "mechanical vehicle", "personal mobility vehicle".

The author makes a number of reasoned proposals for improving the norms of the current legislation establishing the content of the legal status of persons using SIM for transportation as subjects of administrative responsibility: lowering the age of administrative responsibility for persons using SIM; establishing for such persons the main alternative administrative penalties (warning, administrative fine, administrative arrest) and additional (deprivation of the right to drive a vehicle, administrative ban on using SIM for transportation); classification as mechanical vehicles of the type SIM, the maximum power of the electric motor of which is more than 0.25 kW, and the maximum design speed of which is more than 25 km/h, and classification of SIM with the specified technical characteristics as category of vehicles “M”, for the control of which a special right is granted.