The concept of "Driver" and "Person who drives a vehicle": their relationship and problems of regulatory and legal definition.
Authors: Maslyanko S.V. 
Published: April 2022

The article is devoted to the peculiarities of the implementation of the basic principles of regulation of public relations, to determine the content of rights and freedoms of citizens, the limits of their implementation, the establishment of prohibitions and liability for their violation in the field of road safety.

One of the main participants in road traffic is people who use highways, streets, railway crossings, driving vehicles.

Today, the Law of Ukraine "On Road Traffic", which is a fundamental legal act, mentions only drivers. According to the Rules of the Road of Ukraine, a driver is a person who drives a vehicle and has a driver's license (tractor driver's license, temporary driver's license, temporary driver's license) of the relevant category. The driver is also a person who teaches to drive a vehicle while in the vehicle.

Article 15 of the Law of Ukraine "On Road Traffic" defines the main provisions on admission to driving. But in addition to the legal (legal) grounds, we have to talk about the actual - that is, driving a person a person, regardless of whether he has the right to drive.

At the same time, through relations with executive bodies, their officials, citizens are given the opportunity to practically use most of the rights and freedoms granted to them by the Constitution and laws of Ukraine, to fulfill their responsibilities.

The relationship between man and law is most fully characterized by the concept of legal status, which reflects all the main aspects of the legal status of the person, his interests, needs, relationships with the state.

For the science of administrative law and state-legal practice, it is important to study the administrative-legal status of a citizen, who in turn, in the future, provides an opportunity to define the concept of administrative-legal status of a person driving a vehicle.

The administrative and legal status of this person makes it possible to determine the place and its role in state and other social relations governed by current legislation of our country.

The existence of gaps and conflicts in the regulation of the administrative and legal status of the person driving the vehicle creates, firstly, difficulties in the exercise of powers of officials of the National Police and other state bodies, and secondly, does not ensure proper implementation and protection of rights and the freedoms of a person and a citizen who, or who, may drive such a vehicle.

    Peculiarities of citizens' realization of legal personality due to them in administrative and legal relations in the field of road safety are due to the fact that they arise not from the moment of obtaining the right to drive vehicles of the corresponding category, but from the moment of actual operation and driving of a particular vehicle, formal possession of such a right, impose on such persons a set of relevant rights and responsibilities.

Problems of the general legal status of citizens are reflected in the works of theorists of law, as well as representatives of branch sciences. The formation of a modern view of the administrative and legal status of a person driving a vehicle in Ukraine should be based on new conceptual principles, which follow, in particular, the principle of supremacy of human and civil rights and freedoms in determining the content and direction of the state. Constitution of Ukraine). Certain aspects of the administrative and legal status of a citizen were studied as in the works on the general legal status of a person, in particular O.F. Skakun, M.S. Strogovich, and to some extent in the works of researchers-administrators, including E.V. Dodina, І.М. Pakhomova, G.I. Petrova, and other scientists.

The basic legal act that establishes the principles of administrative and legal status of a citizen and a person driving a vehicle in Ukraine is the Constitution of Ukraine, and the actual implementation of citizens' administrative and legal status is carried out in almost all spheres of public life administrative law, but also other branches of law.