Inspection and examination of vehicles:problems of legal regulation and practical implementation
Authors:
1.
Kaliningrad branch of Saint Petersburg University of the Ministry Internal Affairs of Russian Federation
(Department of General Legal Disciplines, associate professor of the department)
employee from 01.01.2025 to 01.01.2025
Kaliningrad, Kalinigrad, Russian Federation
employee from 01.01.2025 to 01.01.2025
Kaliningrad, Kalinigrad, Russian Federation
Type:
Article
Pages:
from 42
to 51
Status:
Published
Received:
21.02.2025
Accepted:
27.06.2025
Published:
13.07.2025
Subject area:
UDC 351.811
Language:
Russian
Keywords:
Vehicle inspection, examination of vehicle, enforcement measures, inspection report, protocol of examination, road safety units
Funding:
3000
Abstract (English):
Introduction. Search and inspection of vehicles and cargo are effective tools in the system of measures applied by the State Traffic Safety Inspectorate units when supervising road traffic. At the same time, the grounds, conditions and procedure for their use established at the legislative level, as well as departmental regulations, are currently far from perfect. Until now, law enforcement officers have not been able to draw a clear line between the inspection and search of vehicles, which leads to violations of the rights and legitimate interests of citizens and organizations. The article considers some problems of legal regulation of search and inspection activities, suggests ways to resolve them. Methods. In the course of the study, the results of which are presented in the article, the dialectical method was used as a general method of cognition of reality. Of the general scientific methods, the system-structural method, methods of analysis and synthesis, induction and deduction, as well as the generalization method turned out to be in demand. Specific scientific methods were also used: comparative legal and formal legal. Results. The study showed that it is necessary to standardize inspection activities and bring the wording of their definitions in line with the Federal Law «On Police». It is advisable to specify the general provisions concerning the vehicle inspection procedure in departmental regulations and define the permissible limits of its implementation. The cases in which vehicle inspection is permitted listed in the Federal Law «On Police» clearly do not meet the purposes and grounds for its implementation. The order of the Ministry of Internal Affairs of Russia dated May 2, 2023 № 264 «On approval of the procedure for supervising compliance by road users with the requirements of the legislation of the Russian Federation on road safety» must consolidate the concept of vehicle inspection, list the grounds for its implementation, provide an approximate content of the inspection report, and provide for the right of State Traffic Inspectorate officers to demand that the driver get out of the car and take part in the inspection procedure. If signs of certain offenses are detected during the inspection, after its completion, the vehicle should be inspected in accordance with Art. 27.9 of the Code of Administrative Offenses of the Russian Federation
Introduction. Search and inspection of vehicles and cargo are effective tools in the system of measures applied by the State Traffic Safety Inspectorate units when supervising road traffic. At the same time, the grounds, conditions and procedure for their use established at the legislative level, as well as departmental regulations, are currently far from perfect. Until now, law enforcement officers have not been able to draw a clear line between the inspection and search of vehicles, which leads to violations of the rights and legitimate interests of citizens and organizations. The article considers some problems of legal regulation of search and inspection activities, suggests ways to resolve them. Methods. In the course of the study, the results of which are presented in the article, the dialectical method was used as a general method of cognition of reality. Of the general scientific methods, the system-structural method, methods of analysis and synthesis, induction and deduction, as well as the generalization method turned out to be in demand. Specific scientific methods were also used: comparative legal and formal legal. Results. The study showed that it is necessary to standardize inspection activities and bring the wording of their definitions in line with the Federal Law «On Police». It is advisable to specify the general provisions concerning the vehicle inspection procedure in departmental regulations and define the permissible limits of its implementation. The cases in which vehicle inspection is permitted listed in the Federal Law «On Police» clearly do not meet the purposes and grounds for its implementation. The order of the Ministry of Internal Affairs of Russia dated May 2, 2023 № 264 «On approval of the procedure for supervising compliance by road users with the requirements of the legislation of the Russian Federation on road safety» must consolidate the concept of vehicle inspection, list the grounds for its implementation, provide an approximate content of the inspection report, and provide for the right of State Traffic Inspectorate officers to demand that the driver get out of the car and take part in the inspection procedure. If signs of certain offenses are detected during the inspection, after its completion, the vehicle should be inspected in accordance with Art. 27.9 of the Code of Administrative Offenses of the Russian Federation
Keywords:
Vehicle inspection, examination of vehicle, enforcement measures, inspection report, protocol of examination, road safety units
Vehicle inspection, examination of vehicle, enforcement measures, inspection report, protocol of examination, road safety units
