46.8. Transferring control of a vehicle to a person who does not have the right to drive this vehicle entails:
UAПередача керування транспортним засобом особі, яка не має права керування даним транспортним засобом, тягне за собою:
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This is an exam question from the Traffic Rules of Ukraine concerning road safety and responsibility for allowing someone to drive. By handing over a car to another person, the driver or owner directly affects the safety of all road users, which is why the traffic rules explicitly prohibit giving control to those who do not have the legal right to drive the relevant category of vehicles.
The question tests the section "Duties and Rights of Drivers" and the basic norms of the Traffic Rules of Ukraine regarding liability for violations (in particular, the prohibition on allowing persons without the right to drive, and the general principle that violations entail liability under the law). For the theoretical exam, it is important to remember that the relevant rule is contained in the Code of Ukraine on Administrative Offenses (Art. 126), meaning that administrative penalties in the form of a fine apply, and responsibility may arise both for the person who drove without the proper right and for the one who allowed them to drive.
The analysis of answer options in this exam question comes down to distinguishing types of liability: administrative liability applies for the mere fact of allowing someone without the right to drive (this is directly stipulated by the Code of Ukraine on Administrative Offenses), while criminal liability arises only if a crime has been committed, not automatically due to such transfer. Gratuitous confiscation of the vehicle is not a standard sanction for this violation under the specified rule, and a repeated medical examination is not a type of legal liability for violating traffic rules at all.
Clause 1.9
Persons who violate these Rules are liable in accordance with the law.
Clause 1.10 (term "Driver")
Driver — a person who operates a vehicle and has a driver's license (temporary permit to drive a vehicle) of the appropriate category.
Clause 2.1
The driver of a motor vehicle must have with them: a) a driver's license for the right to drive a vehicle of the appropriate category.
Clause 2.9 (subclause "b")
The driver is prohibited from: b) transferring control of the vehicle to persons who are under the influence of alcohol, drugs, or other intoxication, or under the influence of medicinal substances that reduce their attention and reaction speed, as well as to persons who do not have the right to drive such a vehicle.
That is, the correct answer is "Administrative liability," given that the Traffic Rules directly prohibit transferring control to a person who does not have the right to drive (clause 2.9), and for violating the Traffic Rules, liability arises in accordance with the law (clause 1.9), which in this case establishes administrative liability.
When the owner or driver hands over control of a vehicle to another person, they are essentially allowing that person to participate in road traffic. Therefore, the law evaluates not only the actions of the person who gets behind the wheel, but also the actions of the one who knowingly gives the wheel to someone without the proper right to drive that particular vehicle.
This situation is directly covered by the Code of Ukraine on Administrative Offenses. Article 126, part 2, specifically states that liability arises both for driving without the right to drive and for handing over control to a person who does not have such a right. That is, the very fact of handing over the wheel to a person who does not have a valid license to drive the relevant category of vehicles is a violation.
In practice, it looks like this: you let an acquaintance drive your car, but they do not have a driver's license or do not have the required category open. In such a case, both the person who drove without the right and the one who handed over control are held liable, since both actions are directly provided for in the same norm of the Code of Administrative Offenses and are punishable by a fine.
It is important to understand that this is specifically an administrative offense, since the norm is contained in the Code of Administrative Offenses and provides for an administrative penalty in the form of a fine. That is why, in this case, we choose the administrative type of liability.
Thus, the correct answer is "Administrative liability," since handing over control to a person without the right to drive is directly provided for in Article 126, Part 2 of the Code of Administrative Offenses and entails an administrative penalty (fine).