TOWARDS THE ELECTION
WHAT THOUGHT THOUGHT
The four-year period set aside for legislative work of the State Duma of the fourth convocation is drawing to a close. Many important laws have been adopted, along with many scandals and even fights. And what did respected lawmakers do to improve the lives of motorists?
Photo of the agency “Eye of the capital” and from the archive “Behind the wheel”
Is there a place for a thought in the car?
Vladimir Isakov, head of the Legal Department of the State Duma, doctor of legal sciences and a member of the Writers' Union, even came up with the following “poetic image”: “The machine, as you know, consists of a body, engine, transmission, etc. Where, one wonders, is there a place in the car for the State Duma? It turns out that there is a place for the law-making body, because a car cannot drive without traffic rules, if the issues of road maintenance are not resolved, the laws of social protection are not established … Without the State Duma, transport will immediately begin to fail. ”
And in support of these words, the Duma computer issues an official certificate: for four years in our country 267 (!) Official documents have been adopted that regulate the life and work of road transport. True, no more than a dozen of them belong to the State Duma (the rest are presidential decrees, government decrees, interstate agreements, as well as regulatory documents of the ministries and departments of the Russian Federation). And out of a dozen, the number of “vital” ones for motorists can be attributed to only two new laws - “On Road Safety”, “On the Tax on Certain Types of Vehicles” and two amendments - to the Criminal and Tax Codes. Amendments to article 264 of the Criminal Code of the Russian Federation. Now the criminal liability for causing, in the event of an accident, "major damage" (more than 500 minimum wages) has been abolished. And article 86.2 of the Tax Code of the Russian Federation was introduced, according to which the traffic police is obliged to send information about it to the local tax authority within 15 days after registration of the vehicle. If we take into account that the law "On Road Safety" was mainly prepared by the previous Duma, it doesn’t work out very well …
But this is not at all because the deputies drive in personal cars with personal drivers and the problems of the “man behind the wheel” concern them a little. In fact, for four years at the meetings of the Duma, many bills were considered that could dramatically change the lives of motorists throughout the country. They were considered, discussed, but … for various reasons, the matter did not reach the final approval.
Remember how many copies were broken a couple of years ago when the Duma considered a draft of the new Code of Administrative Offenses! Our magazine has repeatedly written about project flaws; The survey conducted by ZR was attended by tens of thousands of readers. Basically, the claims to the project were as follows: the lack of evidence of the guilt of the driver should be interpreted in his favor; the traffic police inspector is only obliged to record the violation, and to determine the fault - an independent authority; the practice of withdrawing a driver’s license should be prohibited; A car can only be confiscated by court order. And, of course, the size of the fines should be at least somehow consistent with the real incomes of the population (remember - a fine from 250 to 400 rubles was suggested for speeding?). Perhaps the case of the draft Code of Administrative Offenses is one of a kind when it was suspended under public pressure. As a result, for more than two years, the project barely managed to pass the hearing in the first reading and he has few chances to be adopted by this Duma.
Is it good or bad? Good, because the law that violates the rights of motoring consumers has not passed. And, of course, it’s bad, because the old Code was adopted back in 1984 and is far from perfect - the times have somehow changed, and it still contains articles like “Harassing foreign citizens with the aim of acquiring things (cigarettes, spirits, chewing gum, etc.). "
By the way, according to the calculations of Vladimir Isakov, today in the field of transport legislation, there are about 300 outdated normative acts, in particular the 1969 Charter for Road Transport, which has long and irrevocably lagged behind life. Since then, so much water has flowed, we have long been living in another state and are no longer building communism, but the old laws still work. Or rather, they do not work. The new law “On Roads and Road Activities” was supposed to eliminate such a “gap” in the legislation. So far, the draft has been adopted in the first reading.
“The draft law is very difficult, ” said one of its authors, MP Yuri Ten. - It, for example, contains the concepts of “private” and “toll” road, and the Communist deputies, as soon as they hear them, vote “against”. As if, if the expression “private road” appears in the law, it means that we should immediately divide the Moscow-Minsk highway between private individuals and take money for the trip!
In fact, there are already toll roads in the country (they are legalized by the decree of the President and the order of the Government), there are also private ones … For example, the joint-stock company Gazprom built thousands of kilometers of roads at its own expense on the Yamal Peninsula. On the one hand, they are the private property of RAO Gazprom, and on the other … they seem to be completely absent. Since there is no law on roads, which would clearly explain what rights and obligations their owner has, which local authorities have, and who can use these ways, roads.
In a word, while the deputies are considering the law, proceeding primarily from the principles of "revolutionary and class identity, " the legislative process is standing. And nobody cares that the new law finally introduced provisions on the responsibility of the owner of the road (it doesn’t matter whether it is federal or private) for its maintenance (and remember how many accidents occur due to the poor condition of the road surface!). Or responsibility is introduced for illegal exactions from drivers (everyone, probably, has a bitter experience in dealing with different "ecologists", etc.). But, apparently, from the point of view of many deputies, this is not so important …
LONG THINK THINKING …
From the point of view of “formal logic”, it is difficult, and sometimes impossible, to understand the actions of our Duma. And all because this is not just 450 people who have gathered in the capital from all over Russia. Each of them formally represents several thousand of their voters, informally - those people who nominated him, who gave money for the election campaign (and, maybe, will give the next one), in the end - the interests of enterprises located in his region. As a result, the government, which introduces a draft of a law to the parliament, the future document may seem understandable, important and appropriate, but the deputies believe that this is not so. For example, last summer, Prime Minister Sergei Kiriyenko very much asked the Duma to pass laws “On excise taxes (for gas stations)” and “On tax on certain types of vehicles” - they did not listen, they rejected them, moreover, three times. This summer, another prime minister, Sergei Stepashin, again brought these bills to the Okhotny Ryad. The law "On tax on certain types of vehicles" was passed unexpectedly easily, but the law on tax on gas stations again failed. The main argument - this will lead to higher gas prices, an unofficial reason - owners of large gas station networks managed to lobby their interests. Although all deputies, if questioned by name, acted “solely in the interests of the electorate, ” only the gas price soared several times.