In Ukraine, a new way of checking the availability of mandatory civil liability insurance (autocivil insurance) using automated cameras has been introduced. Such an initiative is regulated by Law No. 3720-IX, which provides for liability for the absence of a motor vehicle policy in the amount of 425 hryvnias.
According to the provisions of Article 9 of the law, verification of the existence of a valid insurance contract is carried out in two ways:
- by units of the National Police of Ukraine during traffic control and inspection of vehicles;
- automated means of photo and video recording of violations, which are already used to control speed and other violations of traffic laws.
This means that the cameras, which over the past four years ensured the imposition of fines in the amount of more than 2.1 billion hryvnias, will now have an even wider functionality. They will be able to record not only violations of the speed regime or traffic rules on public transport lanes, but also detect cars without a valid insurance policy.
The fine for not having a driver’s license will be imposed on the legal owner of the vehicle, not on the driver who was behind the wheel at the time of the violation. This provision is controversial because Article 61 of the Constitution of Ukraine clearly defines the principle of individual responsibility. Despite this, the Constitutional Court has been considering the case regarding compliance with the provisions of the Constitution for more than four years, but there is still no final decision.
The introduction of automated verification of the presence of a driver’s license is aimed at increasing the responsibility of drivers and reducing the number of uninsured vehicles on the roads of Ukraine. At the same time, legal uncertainty regarding individual responsibility remains a serious challenge for the implementation of this initiative.
