MISDEMEANOR LIABILITY OF PARENTS FOR OFFENSES COMMITTED BY CHILDREN AND MINORS FROM THE LAW ON ROAD TRAFFIC SAFETY IN THE REPUBLIC OF SERBIA

Abstract

The paper analyzes the principles of misdemeanor liability of parents for traffic violations committed by their offspring. The author critically examines the existing legal solutions from the aspect of the basic principle of misdemeanor liability of natural persons - subjective misdemeanor liability. After the introductory discussions, general notes were given on the misdemeanor liability of natural persons and the legal regulation of the misdemeanor liability of parents under the Law on Misdemeanors and the Law on Road Traffic Safety was pointed out. The specifics of the vicarious liability of parents for the misdemeanors of their offspring were also considered, and the assumptions of objective and subjective nature for the misdemeanor liability of parents were defined. The theoretical considerations are supported by an example from practice through the analysis of the reasoning of the court verdict. In the concluding remarks, the author offered solutions for better legal regulation of this issue, through which the principles of subjective misdemeanor liability of natural persons would be respected, but it was also pointed out the need to approach the issue of compliance with traffic regulations by children and minors much more seriously through action on a wider scale a social plan that would include the participation of several relevant social factors.