Recently, in addition to difficult economic situation in Ukraine, growing crime rate in the country is becoming an issue. “Ukraine returns to the dashing 90-s” is the most popular thesis. According to many information resources, crime rates nowadays is even higher than it was in the 1990s.
Indeed, the establishment of the patrol police is one of the greatest achievements of Ukraine after the revolution. Now Patrol Police recruited more than 7 thousand people, and the most of them had never had any relation to the Ministry of Internal Affairs series.
However, there are unanswered questions about current society, which are ignored by law enforcement agencies. In the days when situation does call the police for heavy and especially grave crimes, police officers continue to be engaged in bringing to justice perpetrators for committing minor violations without any signs of public danger, which are essentially insignificant.
Such actions of law enforcement agencies can not recall activities to the formal implementation of the “work plans” or create a presentation and visibility of some activities. Obviously the police leadership has not made the correct emphasis on the key principles and the “politics” of the work subordinates. In the information resources more video to stop and bring to the admin. accountability of officials or “ill-bred” wives of oligarchs for minor violations, while at the same time deal with severe consequences not investigated.
In 2015, the Code of Administrative Offences was made a number of changes. In particular, Article 258 of the Act provides that in the case of an administrative offense, the consideration of which falls within the competence of the National Police, administrative violation protocol is not drawn.
Today, employees of a patrol police force the Act and fulfill the requirements and does not constitute a report on administrative offense on place where they stop the vehicle and immediately make a decision on bringing to administrative responsibility and impose fines drivers.
In most cases, police action can not be considered legitimate when making decisions.
How to proceed if the police stop on the spot made the decision on administrative responsibility and fined?
All penalties prescribed by patrol police officers on the ground to stop the vehicle can be overturned in court because of the violation of the procedure of the case.
The most common violation in the preparation of regulations is incorrect qualification violations incomplete when specifying the data about the person who is subject to administrative liability, inaccuracy in pointing out the essence of the administrative offense, does not provide specific actions of the offender, violation of requirements of the minutes in legible handwriting in the state language , in the absence of the report date, time and place of its execution, violation of the requirements for clarification of the person called to account, his rights and obligations, is not an indication of evidence of the commission of an administrative offense.
Also it is important to comment on the actions of the patrol police to review administrative proceedings on the place of car stop immediately and the imposition of a fine in the same place.
The as a response on this issue given official interpretation of the Constitutional Court of Ukraine on the fact that the reasons for the identification of the place of commission of an administrative offense to place the case of such an offense is not, and the phrase “at the scene of the offense” and “the place of its commission”, which are contained in articles 258 276 of the Code, have a different purpose and different legal meaning. In particular, the phrase “at the place of its commission” applied in the position of the first part of Article 276 of the Code, according to which “administrative proceedings is considered the place of its commission” indicates body location, authorized by law to consider the case on an administrative offense within its territorial jurisdiction under the administrative-territorial structure of Ukraine. “
Thus, the phrase “at the scene of the offense” and “the place of its commission” – are not identical and have a different purpose.
Given the above, the decision on imposition of penalty in a case concerning an administrative offense shall be preceded by actions of the authorized person to review and hear arguments offender, examination of evidence is on the body location, authorized by law to consider the case on an administrative offense, but not in place of stop, which is, road.
This Code of Ukraine on administrative offenses set for the driver’s deadline to appeal against decisions on bringing to administrative responsibility – only 10 days, which starts from the next day from the date of resolution.
I advise in the event of disagreement with the decision of the police patrol, on place to stop the vehicle, not to refuse to sign and submit to the decision of his own record their disagreement. The absence of the signature allows the police to the employee not to provide a copy of the document on the spot and sent by mail, at the time when the terms of appeal have already arrived and started to bleed.
The law stipulates the right of a person against whom a ruling, to ask for protection from the superior officer, that is, the leadership of the patrol police or directly to the court.
The statement of claim must be justified on the norms and Code of Ukraine on administrative offenses necessarily contain references to the illegality of the decision base.
In addition, access to a court of a natural person with a claim of non-property nature, the court fee is charged as a 0.4 minimum wage, which currently stands at 640 UAH. This figure is more than twice the usual penalty for a traffic violation in the amount of 255 UAH. Many drivers refuse to go to court because of the relatively large amount of court fee. However, not everyone knows that the court fee is not necessary to pay for the abolition of police fines!
Thus, in cases of appeals against decisions of an administrative offense within the meaning of the provisions of Articles 287, 288 of the Administrative Code, Articles 2, 3, 4 of the Law of Ukraine “On the judicial assembly”, which do not contain provisions on the terms, conditions, amount and manner of payment of the court fee for filing the complaint against the decision on the imposition of an administrative penalty, the plaintiff shall be exempt from payment of court fee.
On the same subject, the position expressed by the Plenum of the Supreme Administrative Court of Ukraine, that is really in accordance with the fourth part of Article 288 Code of Ukraine on administrative offenses person who appealed the ruling in the case of an administrative offense shall be exempt from payment of court fee. The order of the fourth paragraph of Article 288 Code of Ukraine on administrative offenses does not conflict with the provisions of Article 5 of the Law of Ukraine “On the judicial assembly”, which identified benefits to pay the court fee, as the circle and the requirements of persons with such benefits under this Act is not exhaustive.
In this case, you must proceed from the fact that the rules of the fourth paragraph of Article 288 of Code of Ukraine on administrative offenses are special rules in comparison with the provisions of the Law “On judicial assembly”. So, for filing in court of administrative action to set aside the decision in a case concerning an administrative offense, which a person brought to administrative responsibility, and it imposed an administrative penalty of a fine, the court fee is not paid in the manner and amounts prescribed by law “On judicial assembly”.
Therefore, I advise drivers to go to court to protect their violated rights without payment of court fee in case of disagreement with the decision of the patrol police.
In case of refusal by the courts to open proceedings on the claims on the grounds of non-payment of the court fee can be successfully challenged on appeal.