CONCEPTUAL FRAMEWORK FOR THE DIFFERENTIATION OF LEGAL LIABILITY IN ENSURING ROAD SAFETY AND STRATEGIES FOR ENHANCING THE EFFECTIVENESS OF DELICTUAL PREVENTION

Abstract

This article explores the fundamental legal issues regarding the differentiation of administrative and criminal liability for offenses in the field of vehicle operation and road safety. The author critically analyzes the current "reactive" model of national legislation, which is primarily focused on the consequences of an offense, and substantiates the necessity of a "preventative" approach based on proactive risk assessment. The study includes a comparative legal analysis of the experiences of developed nations (Germany, Great Britain, France, China) and CIS countries. Specifically, it examines liability models that account for the recidivism of deviant behavior, levels of intoxication (BAC indicators), critical speed thresholds, and elements of subjective intent. The article concludes with systemic proposals aimed at modernizing the institution of administrative prejudication, optimizing the demerit points system, calibrating sanctions based on mathematical progression, and implementing victimological prevention tools.