Revista
de la
Universidad
del Zulia
Fundada en 1947
por el Dr. Jesús Enrique Lossada
DEPÓSITO LEGAL ZU2020000153
Esta publicación científica en formato digital
es continuidad de la revista impresa
ISSN 0041-8811
E-ISSN 2665-0428
Ciencias
Sociales
y Arte
Año 13 N° 38
Septiembre - Diciembre 2022
Tercera Época
Maracaibo-Venezuela
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Special measures for the prevention of criminal offenses in the
realm of road transport sector
Mykola Rudyk*
Igor Kopotun**
Viktoriya Beschastna***
Anton Chubenko****
Olha Kovalova*****
ABSTRACT
Objective: The purpose of the article was to identify and explore the principal specific crime
prevention efforts with a view to controlling criminal offenses in the realm of road transport
sector. Methodology: The overriding methodological tools were methods of observation and
comparative legal analysis. Results and conclusions: The study demonstrated that in order to
effectively prevent criminal offenses pertaining to road transport sector, as well as to reduce
crime and enhance security, it is expedient to pay attention to the implementation of special
crime prevention strategies. Priority areas to be addressed should be efforts to monitor
compliance with traffic safety rules, road condition, and technical condition of vehicles. Relevant
work should also be carried out to improve the level of "passive safety", as well as to conduct
preventive activities for pedestrians, and educational work with professional drivers. Particular
attention should be paid to the prevention efforts carried out by investigating agencies, courts
and penitentiary bodies.
KEYWORDS: Source of increased danger, motorized vehicle accident, crime prevention, traffic
safety, passive safety, accident, car operation.
Lecturer of the Department of Police Law, National Academy of Internal Affairs, Kyiv, Ukraine. ORCID:
https://orcid.org/0000-0003-1031-9982. E-mail: Rudikmmn@ukr.net
**Professor, Vice-Rector, Academia HUSPOL, Kunovice, Czech Republic. ORCID: https://orcid.org/0000-
0002-2947-8599. E-mail: Ihor.kopotun@gmail.com
Lecturer of the Department of Journalism, Faculty of International Relations, National Aviation University,
Kyiv, Ukraine. ORCID: https://orcid.org/0000-0002-7354-475X. E-mail: vibeschastna445@gmail.com
Professor, Head of Legal Support Office for Central Administration of the Asset Recovery and Management
Agency, National Agency of Ukraine for finding, tracing and management of assets derived from corruption
and other crimes (ARMA), Kyiv, Ukraine. ORCID: https://orcid.org/0000-0002-0887-5667. E-mail:
chubegnk@i.ua
Head of Department of Operational and Search Activities and Information Security of the faculty № 3
Donetsk State University of Internal Affairs, Donetsk, Ukraine. ORCID: https://orcid.org/0000-0003-4555-
0172. E-mail: kovaletva88olga@gmail.com
Recibido: 08/06/2022 Aceptado: 28/07/2022
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Medidas especiales para la prevención de delitos en el ámbito del
sector del transporte por carretera
RESUMEN
Objetivo: El propósito del artículo fue identificar y explorar los principales esfuerzos
específicos de prevención del delito con miras a controlar los delitos en el ámbito del sector
del transporte por carretera. Metodología: Las herramientas metodológicas predominantes
fueron los métodos de observación y análisis jurídico comparado. Resultados y conclusiones:
El estudio demostró que para prevenir eficazmente los delitos penales relacionados con el
sector del transporte por carretera, así como para reducir la delincuencia y mejorar la
seguridad, es conveniente prestar atención a la implementación de estrategias especiales de
prevención de la delincuencia. Las áreas prioritarias que deben abordarse deben ser los
esfuerzos para monitorear el cumplimiento de las normas de seguridad vial, el estado de las
carreteras y el estado técnico de los vehículos. También se deben realizar los trabajos
pertinentes para mejorar el nivel de "seguridad pasiva", así como realizar actividades
preventivas para los peatones y trabajos educativos con conductores profesionales. Debe
prestarse especial atención a la labor de prevención que realizan los órganos de investigación,
los juzgados y los órganos penitenciarios.
PALABRAS CLAVE: Fuente de mayor peligro, accidente de vehículo motorizado, prevención
del delito, seguridad vial, seguridad pasiva, accidente, operación de automóvil.
Introduction
Motorized vehicle accidents pose a serious danger to contemporary society, as they
entail injuries, disabilities, and even death, alongside with significant economic and social
consequences (Yan et al., 2021). According to WHO (2018), about 1.35 million people perish
worldwide on roads annually. New advances in automotive technology, such as rear-view
cameras, adaptive headlights, and forward collision systems (FCS), do not essentially reduce
the number of car accidents. Road accidents are the eighth most important cause of death
worldwide for all age groups and the leading cause of death for children and young adults
aged 5 to 29. This appears to be the case with young drivers, who are more likely to exceed
the set speed limit than older drivers. Consequently, this demographic group is
overrepresented in traffic accident statistics (Truelove et al., 2022). What should be stressed
here is that fatal and non-fatal accidents will cost the global economy about 1.8 trillion from
2015 to 2030 (Chen et al., 2019).
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In fact, low-income and middle-income countries account for 60 percent of the world's
registered vehicles. But they also are responsible for more than 90 percent of deaths from
related accidents worldwide (WHO, 2018). According to Chen et al., in 2015-2030 these
countries will suffer economic losses of approximately 834 billion due to fatal and non-fatal
accidents (Chen et al., 2019). The corresponding situation in Ukraine is no exception. For 10
months of 2021, more than 150 thousand motorized vehicle accidents (road accidents) were
committed in Ukraine, with victims and mortalities in 20.3 thousand of those registered
(Ministry of Internal Affairs, 2021).
In this light, there is a number of variables that affect a traffic accident. They can be
combined into a complex network of interactions between the road track characteristics,
vehicle characteristics, environmental conditions, as well as driver's conduct (Faílde-Garrido
et al., 2021). Of all the above variables, it is the human factor that primarily accounts for the
causal relationship of road accidents. Furthermore, the temporary suitability for operation
and unsuitability for operating vehicles for road traffic is a significant factor that must be
very carefully monitored (Hudec et. al., 2021).
Traditionally, strategies and related policies to combat road accident deaths and
injuries around the world have focused on education, engineering, and enforcement (Sam,
2022). When it comes to law enforcement, it seeks to control the behavior of road users
(predominantly referred to as the "human factor" of road accidents) largely through
preventive, persuasive and punitive strategies to ensure safe and efficient traffic. Critical
statistics of road accidents puts the above mentioned issue into the limelight, reinforcing the
need for enhanced attention and the significance of measures to prevent these crimes (Mehdi
& Nasrin, 2021).
In preventive criminology, the term 'preemptive' refers to the application of various
methods of crime prevention (Nevisi, 2019). According to the nature of the social
determination of crime, the mechanisms of preventive influence are divided into general
social and special criminological ones. General social measures, they are aimed at the positive
evolution of the socio-economic system as a whole, which contributes to the reduction of
criminal acts. As for special criminological measures, they focus on the direct impact on the
causes and conditions of a particular state of crime level, its separate components. The
purpose of such efforts is to eliminate, neutralize or restrict offenses (Cherney & Dzhuzha,
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2020). Relevant socially dangerous actions require the use of measures and means to prevent
them – the development of modern special crime prevention strategies (Blaga & Korolenko,
2021).
In light of the above, the purpose of the article is to identify and reveal the major special
criminological measures aimed at preventing criminal offenses in the realm of road transport
sector. Taking into account the specified purpose, the following research objectives were set:
1) to summarize the key special measures for the prevention of criminal offenses in the
domain of road transport operation; 2) to reveal the current state of applying special
measures for the prevention of criminal offenses in the field of road transport operation as
examplified by Ukraine and the European Union.
1. Literature review
The choice of the present academic pursuit correlates with modern research vectors
applied by representatives of the applicable doctrine in different states. The principal tool
and basis for the article was Golina's (2020) monograph entitled "Reducing the possibility
of committing crimes: a strategic approach". In the course of research, the author set out to
summarize the grounds for defining the concept of crime prevention. Besides, the work of
Sam (2022) "How effective is the presence of police on the roads and law enforcement in the
context of a developing country?» had a considerable impact on shaping the author's position
on the subject under study. Notably, it was the contribution of this researcher that enabled
to outline the vector of research into special measures for the prevention of criminal offenses
in the domain of road transport sector.
Furthermore, Mehdi and Nasrin (2021) explored the essence of preventive measures for
road traffic offenses and their underlying pathologies, as well as the urgency to take into
consideration the critical statistics of road accidents. During this study, the author heavily
relied on the study carried out by Bates et al. (2020), regarding a qualitative analysis of young
drivers and traffic police based on deterrence. Particular attention was paid to the scientific
contributions of Boymuradov (2020), regarding certain aspects and ways to improve the
activities of the patrol police in the field of transport and transport safety, as well as the work
carried out by Akbari et al. (2021) concerning the impact of drivers' education on road safety.
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In the scientific work of Yeprintsev and Zhuchenko (2021), which is used in the article,
emphasizes the importance of basic social and special criminological measures to prevent
criminal offenses in the domain of road safety. The work carried out fostered the priorities'
identification as regards relevant activities and components of concern. Likewise, the study
relied on the principles outlined by Zhou et al. (2022) and Torbaghan et al., (2022) such
relevant aspects as innovation (novelty), objectivity, subjectivity, purposefulness, relevance,
implementation in practice, effectiveness of new digital technologies to improve road safety.
Special attention is paid to the scholars' works regarding the perspective of predicting
pedestrian behavior at crossroads drawing on video surveillance data. Also, the research took
into consideration the findings of Alonso et al. (2021) concerning compliance, practices and
attitudes to VTI (vehicle technical inspections) in Spain.
Probing deeper into the relevant problem confirms the fact that the process of
introducing special measures for the prevention of criminal offenses in the realm of road
transport operation contributes to the reduction of road accidents. Therefore, it is urgent to
conduct research pursuant to new criteria of scientific research.
2. Methods
A well-elaborated research structure in conjunction with the set of practical and
theoretical tools contributed to obtaining balanced research findings (Figure 1).
The conducted research was based on the above architectonics and the author's
selection of a sample on the article subject. In particular, thirty-seven sources were processed
and explored in the article.
Also, the findings of the search were obtained by the authors relying on methodological
tools. The research methodology is based on a set of principles, among which the main one is
the principle of unity of theory and practice. In the course of conducting the study, an
integrated approach was used, which became the methodological basis of the research and
allowed for a systematic consideration of the selected range of aspects.
The leading practical methods were the method of observation and comparative legal
analysis. Due to the former method, a high level of digitization on the territory of Ukraine has
been proved, which makes it possible to quickly implement preventive measures to control
criminal offenses in the domain of road transport sector. What is more, precisely this method
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made it possible to juxtapose the general and special preventive measures in the field under
study, the discretion of state bodies in Ukraine and the European Union.
Figure 1. Structuring the conducted research according to the article subject.
The method of comparative legal analysis was aimed at finding common and distinctive
features of special measures for the prevention of criminal offenses in the realm under
discussion. Drawing on a legal basis, the comparative analysis made it possible to evaluate
the level of effectiveness in terms of implementing the declared measures on the territory of
Ukraine and the EU. Using the method of comparative legal analysis, it was also possible to
focus on the prevention subjects, taking into account the economic and political factors
inherent in Ukraine and the EU. A comparative study enabled us to observe properly
speaking the overall picture of reforming the prevention system of criminal offenses in the
Basic experiment
1) outlining the
main objectives of
the study, the
formation of the
sample, its
clustering according
to the research
vectors and
expected results;
2) primary analysis
of selected sources,
priority
identification of
research objects for
more in-depth
analysis;
3) obtaining basic
research results.
The first pilot study
1) obtaining, examining and
comparing statistical data that
demonstrate the negative
consequences of committing
criminal offenses in the
domain of road transport in
Ukraine and the European
Union;
2) presenting the author's
position regarding the system
of adaptive measures in the
domain of preventing criminal
offenses committed using a
source of increased danger;
3) substantiation of
preliminary conclusions.
The main experiment
1) drawing on the
observation and comparative
law method, updating the list
of relevant primary measures
with the promising vectors of
transformation of the
prevention system in
addressing the negative
consequences of road
transport on Ukrainian roads,
taking into account European
best practices.
2) searching for unique
innovative digital solutions
tested in Ukraine in the
research area that can be
implemented in the European
Union.
Analytical stage
1) summarizing the
scientifically
substantiated author's
conclusions, the
research novelty and
confirming the
possibility to implement
the proposed changes in
the system of crime
prevention measures in
the domain of motor
transport on the roads
of Ukraine.
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field of road transport. Due to the choice made in favour of the chosen method, there were
relevant tools provided for predicting potential directions for the development of general
theoretical and practical ways to most effectively ensure the implementation of declared
prevention measures and adapt legal regulation to the contemporary realities.
Besides, the use of the historical and legal method contributed to a better insight into
the process of building the system of measures for the prevention of criminal offenses in
general, and in particular as regards the research of the article.
The method of non-empirical interdisciplinary analysis was also applied, which enables
the researcher to analyze the phenomena of actual reality without conducting any factual
practical research. Such a stance helped to properly study the socio-legal characteristics of
international cooperation mechanisms in terms of enhancing the approaches to the
implementation of preventive measures. Such an analysis is also indispensable as regards
solving the problems of choosing relevant mechanisms for protecting the rights of victims in
this category of criminal cases.
3. Results
The predictors of road accidents include the groups as follows: environmental factors
(in particular, climate, weather, and road infrastructure); mechanical factors (in particular,
make, age, and car breakdowns); and individual driver's factors (age, experience, driving
style). The latter may also include seat belt use, alcohol consumption, fatigue, and chronic
illnesses. We also distinguish other significant factors, such as irregular and long work shifts,
stressful working conditions, and challenging interaction with other road users. Whether
consciously or unconsciously, drivers are prone to violate traffic rules, eventually causing
roadway accidents. Intentional violations include as follows: driving without seat belts,
speeding on high streets, driving under the influence of alcohol, dangerous overtaking,
driving when pedestrian light red, disobey parking signs, vehicle overloading, knocking
down pedestrians without stopping, offering a bribe, and many others. Distractions are the
second-largest driving error, which can lead to the highest number of road accidents. Most
factors, such as low compliance with safety laws, ignorance, competition for passengers
among drivers may affect drivers, which leads to certain misconduct while driving.
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It can be noted that the system of special prevention of criminal offenses in the field of
road transport operation includes the ongoing implementation of appropriate measures. It is
carried out by internal affairs bodies, investigators, forensic experts, judges, officers of the
penitentiary service, special units, NGOs, persons who assist law enforcement agencies in
law enforcement (subjects of preemptive measures). With all the mentioned aspects, the
crucial matter in this regard is the presence of common goals, tasks and rules, a high level of
knowledge. Special prevention includes a set of measures and actions aimed at combating
offenses by reducing or eliminating criminal causes. The objects of preventive influence are
crime drivers and factors that affect or may influence the actions and behavior of individuals.
The purpose of this prevention is to improve and educate people who have already committed
offenses, or those who may commit them.
This appears to be the case with priority special prevention measure, which includes
monitoring compliance with road safety and traffic rules on part of the drivers of vehicles and
pedestrians. Thus, it can be said that the positive result of this law enforcement is based on
its ability to use for road users a deterrent of considerable relevance. To address this goal, the
main focus should be on increasing the surveillance level in order to ensure a high predictable
risk of detention. There are two types of compliance monitoring with traffic rules: traditional
and automated (e.g., surveillance cameras). The above mentioned types of control
presuppose the obvious presence of police on the roads and the use of technologies to identify
and detain violators of traffic rules to ensure compliance with the relevant ones. The
introduction of other technologies for monitoring compliance with traffic rules (to
complement the installed surveillance cameras), such as the use of "body cameras" by traffic
police officers to record their actions with motorists, can also contribute to strengthening
discipline and procedural justice. The police presence on the roads is aimed at regulating road
users and ensuring compliance with traffic rules as far as speeding is concerned, using seat
belts, driving under the influence of alcohol and driving without proper documents. The
activities of law enforcement agencies provide a negative incentive designed to encourage
drivers to avoid the unpleasant consequences of violating the law. Hence, the experience of a
fine or suspension of a driver's license may cause enhanced caution when driving to avoid a
repeat violation. Monitoring police patrols and knowing strict traffic regulations in the
community can have an indirect impact on driving. This critical observation sheds light on
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how by focusing on particularly dangerous driving modes, law enforcement agencies can
change driving habits in society. The main reason for pedestrian violations of traffic rules is
insufficient awareness of safety, so considerable attention should be paid to measures to train
pedestrians in traffic rules and monitor their compliance. The education of pedestrians, their
awareness and understanding of the importance of rules for interacting with other road users
should also be reinforced. The said actions act as an important measure in the framework of
special prevention, since non-compliance with pedestrian rules is often one of the main
reasons for the drivers to violate the traffic rules.
With this in mind, it is necessary to monitor the technical condition of vehicles.
Intermittent vehicle inspection includes checking its safety, serviceability, and controlling
exhaust gas emissions. In fact, conducting regular and selective technical inspections of
vehicles by the relevant authorities is a valid preventive measure. This activity leads to
increased safety by reducing the number of road accidents.
It is also indispensable to raise awareness of road users about the "passive safety". It
should be mentioned, that the role of passive systems is to ensure minimal damage to human
life, even if this occurs at the point of partial or complete destruction of the vehicle. Passive
security systems consist of a number of elements. Comprehensive crash tests and subsequent
evaluations of each vehicle are essentially a test of the effectiveness of "passive
safety"parameters. Passive safety systems consist of several structural elements. Proper
design of the deformation zone of motor vehicles can absorb the impact of a collision as much
as possible. Hence, a proper design might significantly reduce the number of bumps passed
on to the passengers. Particular attention should be paid to the windshield design, which is
made of multi-layer components. A reliable frame should include reinforced doors, roof,
posts, and high window lines. The location of the fuel tank must be such that any leak is
directed away from the accident scene. Airbags are required for impact protection. Likewise,
modern seat belts should have certain mechanisms in place such as tensioners and force
limiters. Also, if need be, there must be a child safety seat in the car.
Relevant special measures include activities to monitor the level of professional training
of drivers and their health condition. A professional driver is a driver who participates in the
processes of driving a vehicle by the nature of his occupation. He bears added responsibility
for the safety of transportation of passengers or cargo by bus or truck. Professional drivers
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must demonstrate their eligibility required to have a high degree of responsibility, maintain
care, constant concentration and efficiency. When training professional drivers, special
attention should be paid to technical skills, which include steering skills, reflexes, smooth
braking and acceleration, the ability to estimate distance, and other indicators of the driver's
abilities. Besides, security skills that measure situational and contextual awareness should
also be monitored. These include the driver's awareness of the environment, careful use of
turning signals, compliance with speed limits, and non-exposure to mobile phones and
radios.
Special measures also include actions aimed at improving the quality of the road surface,
monitoring the presence of road signs and lighting. Virtually all of the digital technologies
(artificial intelligence (AI), machine learning, image processing, Internet of Things (IoT),
smartphone applications, Geographic Information System (GIS), Global Positioning System
(GPS), drones, social networks, and big data volumes) should gradually be involved in this
domain. Relevant innovations are useful sources for providing information about road safety
factors, including road users ' behavior, lighting levels, road surface characteristics, and
operating conditions.
A special measure for the prevention of criminal offenses in the realm of road transport
operation is the activity of agencies of internal affairs during the investigation of accidents
on road transport. A thorough analysis of all the circumstances at the scene of a motorized
vehicle accident, especially in the absence of the vehicle involved and the person driving it,
can help the investigator have an insight into the mechanism of the event. In addition, the
relevant research in the process of conducting a forensic examination can help in the future
to implement measures to prevent suchlike crimes. The collected and analyzed data will
contribute to ensuring road safety in general. For committed road accidents, in order to
conduct preemptive measures an accident rate analysis is carried out, according to which
constant testing of emergency areas is carried out, taking into account the days of the week
and time of day.
A significant lever for preventing motorized vehicles crimes is the activity of courts.
Court rulings must contain comments for representatives of various state bodies,
institutions, etc. regarding the reasons and conditions that contributed to the illegal action.
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It is also very important to have a requirement for the above-mentioned bodies to take
measures to eliminate the prerequisites that led to criminal offenses.
The activities of criminal correctional institutions are aimed at correcting the relevant
convicts. Serving a sentence is a preventive measure to control the commitment of further
offenses, including criminal offenses in the field of road transport operation. The prevention
of repeat offenses in persons who have previously committed a crime is an important task of
specific prevention, carried out in the form of measures for training activities and
rehabilitation of criminals.
In particular, the recorded number of relevant criminal violations on the territory of
Ukraine from 2017 to 2020 (prosecutor general's office of Ukraine, 2021) is reflected in Table
1. The above analysis indicates the presence of latency and prevalence of criminal offenses in
the realm of road safety and transport operation. So, during January-October 2020, 14,140
criminal offenses against traffic safety and operation of transport were filed (Prosecutor
general's Office of Ukraine, 2021). During this period in 2021 there were registered 11,951
relevant criminal offenses. There was a decrease in the number of road accidents involving
victims by 6% compared to 2020, but there are already 2,592 deaths during this period in
2021. The reasons for committing an accident in Ukraine comprise but not are limited to the
following: violation of maneuvering rules – 22%; exceeding the safe speed limit – 34%; non-
compliance with the safety distance – 8%; violation of the rules for driving at the intersection
– 8 %; driving under the influence of alcohol – 3.23%; entering the oncoming lane – 1.35%;
violation of pedestrian crossings – 6% (resolution of the Cabinet of Ministers of Ukraine No.
1287, 2020).
The above analysis indicates the presence of latency and prevalence of the relevant
criminal offenses.
In January-October 2020, 14,140 criminal offenses against traffic safety and operation
of transport were taken into account (Prosecutor General's Office of Ukraine, 2021). During
this period in 2021 there were registered 11,951 relevant criminal offenses. There was a
decrease in the number of road accidents involving victims by 6% compared to 2020, but
there are already 2,592 deaths during this period in 2021. In terms of the reasons for
committing an accident in Ukraine, those include as follows: violation of maneuvering rules
– 22 %; exceeding the safe speed limit – 34 %; non – compliance with the distance – 8 %;
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violation of the rules for driving at intersections – 8 %; driving under the influence of alcohol
– 3.23 %; entering the oncoming lane – 1.35 %; violation of pedestrian crossings – 6 %
(Cabinet of Ministers of Ukraine, 2020b).
Table 1. Number of criminal offenses in the field of road transport operation for 2017-2021
(grouped by the author based on the report of the Prosecutor General's Office of Ukraine)
Articles of the Criminal Code of Ukraine that denote the
committed crime / Year of crime commission
2017
2018
2019
2020
Violation of traffic safety rules of transport operation by
persons driving vehicles (Article 286 of the Criminal Code of
Ukraine)
10148
8257
8739
8611
Violation of traffic safety rules or transport operation by the
individuals driving vehicles, resulting in the death of the
victim (Article 286 of the Criminal Code of Ukraine, Parts 2
and 3)
2039
1843
1919
1808
Putting technically defective vehicles into operation or
otherwise disrupting their operation (Article 287 of the
Criminal Code of Ukraine)
32
45
46
32
Violation of rules, norms and standards related to road safety
(Article 287 of the Criminal Code of Ukraine)
28
26
17
20
Illegal possession of a vehicle (Article 289 of the Criminal
Code of Ukraine)
9018
6642
5467
4496
Destruction, forgery or replacement of vehicle assembly
numbers (Article 290 of the Criminal Code of Ukraine)
2303
1909
2345
1887
Violation of the applicable rules on transport
(Article 291 of the Criminal Code of Ukraine)
50
50
74
70
The powers of the police of Ukraine include the implementation of preventive activities
aimed at controlling the commitment of offenses (Law of Ukraine No. 580–VIII, 2015).
Another category of no less importance relating to the preemptive activities of the National
Police is the methodology of its implementation. Basically, there are two main methods, those
of coercion and persuasion. To the main problems related to the implementation of
preemptive measures can be referred the following. To detect vehicles in improper technical
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condition that are operated on highways, it is necessary to get them to stop in accordance
with Article 35 (Law of Ukraine No. 580-VIII, 2015). At the site of a road transport stop, it is
often quite difficult to fully monitor the technical condition of the vehicle. Moreover, motor
vehicles partially do not pass periodic technical inspection (Law of Ukraine No. 3353-XII,
1993). Besides, a matter of concern is the presence of corruption, the fight against which is an
example of road accident prevention.
In 2020, Ukraine adopted a strategy for improving the level of road safety in Ukraine
for the period up to 2024 (Cabinet of Ministers of Ukraine, 2020a) and the State program for
improving road safety for the period up to 2023 (Cabinet of Ministers of Ukraine, 2020b).
Accordingly, the number of deaths and seriously injured persons as a result of road accidents
is projected to decrease by 50 percent by 2030 as compared to 2019 (Cabinet of Ministers of
Ukraine, 2020b). It was equally critical to adopt amendments to certain legislative acts of
Ukraine on strengthening responsibility for certain offenses in the field of road safety (Law
of Ukraine No. 1231-IX, 2021). Of note is the systematic implementation of the automatic
recording of traffic violations system on the roads of Ukraine, which includes 236
corresponding devices. It is also planned to launch the Phantom mechanism. These are
vehicles that are technically equipped to record traffic violations immediately in motion. A
bright example of applying special measures for the prevention of criminal offenses in the
field of road transport operation is the elaboration by the regional councils of Ukraine of
actual comprehensive programs for a certain period of time aimed at improving the road
safety in communities.
That said, the practice of the European Union in the domain under study also calls for
a comparative analysis. Thus, the EU's priority goals include ensuring the highest attainable
level of road safety. Therefore, it is r to recommended to turn to the comparison of statistical
data. Thus, the annual number of accidents resulting in injury or death in relation to EU
member states for the period from 2010 to 2020 appears as follows (European Commission,
2022a):
Thus, no progress has been registered in reducing the death rate in the EU in recent
years, and it has not been made possible to decrease twice the number of road deaths between
2010 and 2020. In addition, the external costs of road accidents in the EU account for about
2% of its annual GDP. The number of road accidents in 2020 has significantly decreased in
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the EU countries due to the crisis caused by COVID–19. The pandemic has affected trips that
have almost come to a stall during several weeks.
Figure 2. Statistical data on the commitment of criminal offenses in the domain of road
transport sector in the territory of the European Union for 2010-2020 (grouped by the
authors according to the European Commission data).
It is also relevant to mention in a comprehensive analysis the total number of deaths
occurring as a result of road accidents in the territory of the European Union (Figure 3).
Figure 3. Statistics of deaths caused by road accidents in the European Union for 2010-2020
(summarized by the authors).
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
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Within the framework of the EU road safety policy for 2021-2030, the EU has confirmed
its long-term strategic goal of approaching zero deaths and serious injuries on EU roads by
2050 (Vision Zero). The EU also confirmed its medium-term goal to reduce deaths and
serious injuries by 50% by 2030, according to the Valletta declaration. As of March 2022, the
European Commission in March 2022 launched two public consultations on future rules for
issuing driver's licenses and on cross-border compliance with traffic rules (European
Commission, 2022b). The goal of future legislation in these two areas is to improve road
safety in the EU, in line with the EU's commitment to reduce twice the number of road deaths
by 2030. The law will also promote further free movement of people within the EU and
activate digitalization in this sector. Amendments to the current legislation are among the
actions set out in the Strategy for sustainable and intelligent mobility (European
Commission, 2020).
In 2020, the EU adopted the Mobility Package, comprising a new set of EU rules for
Road Transport (European Parliament & Council of the European Union, 2020). The
mobility package was divided into three "sub-packages" and was already launched between
2017 and 2019. For instance, since 2020 and on, the employer covers, among other things, the
costs of drivers ' weekly night rest. The driver is allowed with two short weekly rest periods,
which must be compensated during the 3rd week. Since February 2022, cabotage rules have
been tightened, drivers ' working hours have been changed, passes and tachographs for
minibuses have been introduced, and obligations have been introduced to periodically return
drivers to their country of origin and trucks to the company's headquarters. Starting from
2023, it is planned to introduce a digital tachograph with GPS on all vehicles.
In 2021, the EU adopted the EU Road Safety Framework Policy for 2021-2030. -
recommendations on the further steps towards "Vision Zero" (European Parliament &
Committee on Transport and Tourism, 2021). For the first time, the approach of the road
safety system at the EU level began to be systematically applied. In fact, the data on the
annual number of accidents that caused injuries or deaths in the EU countries became the
basis for the adoption of this policy.
The legal regulation of vehicle technical inspection (VTI) in the European Union is
regulated by Directive 2014/45/EC of the European Parliament and of the Council dated 3
April 2014 regarding periodic maintenance checks of automobiles and their trailers
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(European Parliament & Council of the European Union, 2014). Vehicles used on public
roads must be serviceable, and member states are required to carry out periodic inspections
for the serviceability of vehicles. Thus, it can be stated that the authorities of the EU member
states are responsible for compliance with European standards through national legislation.
In 2020, in collaboration with experts from member countries, the European
Commission developed the first kit of key road safety indicators (KPIs). This kit includes as
follows: infrastructure safety, vehicle safety, safe road use, including speeding, alcohol
consumption, distraction and use of protective equipment, as well as emergency response.
KPI acts as an essential component of the EU road safety policy for 2021-2030. The goal of
the corresponding Baseline Project (Baseline, 2022) is to collect and coordinate reports on 8
KPI points. KPIs relate to the following areas: speeding, the use of seat belts and child
restraint systems, the use of protective helmets by drivers of bicycles and two-wheeled
vehicles, driving under the influence of alcohol, distraction to a mobile device, car safety, road
infrastructure safety, care for the victim after an accident. Each participating country
provides between one and eight national KPIs as a percentage data, which are comparable
between countries and meet the minimum methodological requirements of the European
Commission. Relevant data can help identify various factors that have a significant impact
on overall road safety indicators and develop special criminological preventive measures.
An example of the introducing the special measures for the prevention of criminal
offenses in the realm of road transport sector is the relevant activities in the institutions of
the Spanish Penitentiary Service. As of today, more than 100,000 people are serving or
awaiting sentences for crimes against road safety across the country. Since 2010, Spanish
Penitentiary institutions have relied on the seminars of the AESLEME Association for the
study of spinal cord injuries (AESLEME, 2022), which explain the risk factors for spinal cord
injury during preemptive activities. Prisoners are told about the most serious types of
consequences of neurological injuries in road accidents, such as physical, psychological,
social, family, affective, economic, labor, etc. As of 2022, AESLEME has conducted 894
courses for 17,293 people who have committed criminal offenses against road safety.
Punishment in the form of community work imposed for crimes against road safety in Spain
can be carried out through the activities of TASEVAL road safety seminars. TASEVAL is
configured as a set of measures aimed at developing the necessary skills in convicts to
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overcome the circumstances that prompted them to commit a criminal offense (AESLEME,
2022). Its goal is to educate offenders about civil values when using public roads and raise
awareness about the dangers of drinking alcohol and other toxic substances while driving.
4. Discussion
Deterrence can be achieved when there is a high probability of detention (i.e. certainty)
and the impending punishment is both severe and rapid (Bates et al., 2020). Law enforcement
agencies should focus on taking measures to increase confidence in the speed and severity of
penalties, especially for juvenile drivers who commit offenses on the road (Bates et al., 2020).
Road safety training classes focus heavily on a small number of behavioral patterns,
such as speed, and neglect other important behavioral aspects, such as smoking, alcohol, and
drug use (Akbari et al., 2021). As a result, drivers may have an understanding of the risks and
relevant knowledge, but still behave recklessly even after training.
Traditional technologies have now been replaced or supplemented with advanced
digital technologies to analyze and develop innovative countermeasures to improve road
safety (Torbagan et al., 2022). In this sense, is very important to take into consideration the
prospect of predicting pedestrian behavior at crosswalks based on video surveillance, which
is an important component of road accident prevention. The corresponding network can
combine pedestrian posture, local context functions, and global context using a new multi-
level closed unit (GRU) repeating structure to accurately predict pedestrian behavior at
crosswalks (Zhou et al., 2022). Each government should elaborate the policy for pilot testing
of the preventive role of drones in various services that can monitor crime, detect violations
and control them (Nair, 2020).
Assessment of global personality traits and aggressive driving can be very useful for
predicting risky driving style (Faílde-Garrido et al., 2021). The researchers suggest
conducting primary prevention, where psychotechnical tests should be included in their
assessment tools to identify driving styles and personal characteristics or personality traits
that may pose a risk to driving. As for the secondary prevention, it should detect and treat
traffic violators at an early stage using screening tools and evidence-based therapy (Holman
& Popușoy, 2020). With all the mentioned aspects, it cannot be denied that a proper
prevention can help drivers tackle aggressive behavior (Miron-Juarez et al., 2020). Tertiary
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preemption/rehabilitation should be aimed at criminals who have committed multiple
offenses, or at the convicts who end up in prison. In addition, it is necessary to identify
different profiles of road criminals, investigating which therapeutic strategies are best suited
for each profile of criminals (Faílde-Garrido et al., 2021).
Due to the implementation of reforms in the system of the Ministry of Internal Affairs
of Ukraine and the partial reduction of certain services, it is expedient to review the
functional responsibilities of patrol service employees in order to improve the process of
exercising their powers (Yeprintsev & Zhuchenko, 2021). Also, sufficient attention should
be paid to strengthening the interaction of the police with forensic experts who carry out
automotive expertise, as well as the qualification training of automotive experts. Finding out
the objective causes of an accident, a thorough inspection of the car during registration/re-
registration make it possible to timely prevent accidents related to vehicle shortcomings
(Yeprintsev & Zhuchenko, 2021). While the most discussed causes in the scientific literature
focus on human behavior, the technical condition of vehicles is also associated with mortality
due to road accidents (Alonso et al., 2021).
According to Boymuradov (2020) it is necessary to add to Article 35 of the law of
Ukraine on the National Police a clause on the possibility for police officers to stop vehicles
if such a stop is carried out during preventive measures. The purpose is to conduct an
inspection of drivers using special technical means to check for alcohol, drug or other
intoxication or for the use of medications that reduce attention span and reaction speed.
In Ukraine, there is an urgent need to create a National Council for crime prevention
(Golina, 2020), which will deal with issues of both general social as well as special
criminological crime prevention.
Conclusions
The goal of crime prevention is to reduce crime and improve security, as well as prevent
damage caused by crime. Deterrence will be minimal if motorists do not consider their illegal
behavior to detected and punished, regardless of how fast and severe the penalty for violating
traffic rules will be. Special measures to ensure road safety have a positive deterrent effect on
violators of traffic rules. The implementation of appropriate measures provides an
opportunity to further improve the effectiveness and viability of road safety strategies.
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Special measures for the prevention of criminal offenses in the domain of road transport
operation include monitoring compliance with traffic safety rules and traffic rules by drivers
of motor vehicles. It is also necessary to monitor the condition of roads, the presence of road
signs, and the appropriate level of lighting. Particular attention should be paid to the service
maintenence of the vehicles' technical condition. In this regard, it is very important to
increase the level of "passive safety" by way of conducting relevant preemptive policing with
pedestrians, as well as focusing on educational explanatory work with professional drivers.
It is also of vital importance for investigative agencies, courts and penitentiary bodies to carry
out proper prevention measures.
With all the mentioned aspects, it cannot be denied that it is urgent to use relevant
digital technologies aimed at improving data collection in anticipation of new and advanced
road safety analyses that will lead to the development of more successful preventive measures
and technologies. In this light, it is safe to mention that the effectiveness of drones or
unarmed surveillance vehicles can offset the lack of workforce and assist with various
functions.
What should be stressed here, it is essential to carry out specific prevention of global
personality traits and as well as in terms of aggressive driving to control risky driving style.
In the process of instruction, drivers often do not have unambiguous understanding of their
behavior as road users. Thuswise, some educational interventions realistically achieve a
number of goals, but do not necessarily address all important reasons. As a consequence, the
effectiveness of such interventions is likely to be compromised.
When it comes to Ukraine, one of the urgent problems was the reduction of police
control over road safety. It is expedient to ensure that functional responsibilities of patrol
service employees is upgraded and the interaction of the police with forensic experts who
carry out automotive technical examinations is enhanced. Currently, in Ukraine there is an
urgent need to create the National Council for crime prevention.
Developed by the European Commission in collaboration with experts from EU
member states, the first kit of key performance indicators (KPIs) in road safety enables to
identify diverse factors that significantly affect overall road safety indicators. The most
important result of the current study is that the experience of this Baseline project can prove
to be helpul in the development of special measures for the prevention of criminal offenses in
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the field of road transport in Ukraine. The experience of conducting innovative seminars
AESLEME and TASEVAL, which are held in the institutions of the Spanish Penitentiary
Service, can be systemically integrated into the process of conducting special measures aimed
at preventing criminal offenses in the domain of road transport operation in Ukraine.
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