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Publication date: 29.04.2024
Protection in cases of administrative offenses
An administrative offense is an action or inaction that violates the public order established by law, the rights of citizens, property, as well as the management procedure. It can be both a deliberate and a careless act, which is illegal and for which the Code of Ukraine on Administrative Offenses provides for administrative liability.
Ukrainian legislation provides mechanisms for protecting the rights and interests of persons who are accused of committing administrative offenses. Defense in administrative cases is an important component of the process aimed at ensuring justice and compliance with the law.
The right to protection
According to the Constitution of Ukraine and the country's international obligations, every person has the right to protect his rights and freedoms. This right includes the right to defense in cases of administrative offenses. Every person accused of committing an administrative offense has the right to an honest, fair and effective defense.
Legal protection at every stage of the process
The process of protection of rights in cases of administrative offenses begins from the moment the violation is detected and continues until the case is resolved by the competent authorities. A person who becomes accused has the right to legal representation and consultation with lawyers at any stage of the process.
Guarantees of protection rights
Ukrainian legislation provides for a number of guarantees to ensure effective protection in cases of administrative offenses.This includes the right to access evidence, the right to a reasoned decision, the right to challenge decisions in an appellate instance.
Protection procedure
The defense procedure in cases of administrative offenses provides for the opportunity to present testimony and evidence in one's favor, to participate in hearings, as well as the opportunity to get acquainted with all case materials. If necessary, the person has the right to choose a defender or a representative.
Place of hearing
In most cases, the court considers the case of an administrative offense at the place of its commission.
In some cases, administrative offenses committed by the driver of the vehicle are considered according to the place of registration of the vehicle or the place of residence of the offender. And offenses registered in automatic mode - at the place of processing and accounting of information about such an offence.
The term of consideration of the case
In cases of administrative offenses in Ukraine, different terms of consideration are established depending on the nature of the offense and its legal basis. In general, the review period is from one to fifteen days, with some exceptions.
It is worth noting that the legislation provides for the possibility of suspending the term of consideration in cases where the person, in respect of whom the protocol is drawn up, avoids appearing in court or has valid reasons for his absence (for example, illness or being on a business trip). The court can stop the course of the trial period only in cases related to corruption.
Notice of the proceedings
The person in respect of whom the case is being considered in court shall be notified of the court session by summons no later than three days before the session.
Procedure for consideration of the case
The presiding officer or official who considers the case begins the consideration of the case with his presentation. Next, the presiding officer provides information about the case under consideration, what exactly happened, who is being held responsible, and explains to the participants their rights and obligations. Then the content of the administrative offense protocol is announced. During the meeting, participants are heard, evidence is considered and any issues are resolved. The defender of the person who is being prosecuted has the opportunity to present to the official who is considering the case or the court his objections to the protocol, to provide evidence of the client's innocence and to make motions necessary to prove his position. Such requests can be - requests to summon witnesses, request information, and others.
Circumstances to be ascertained during the consideration of cases
When considering a case on an administrative offense, the following must be determined: whether a violation occurred, whether a person is guilty of committing it, whether he should bear administrative responsibility, whether there are circumstances that mitigate or aggravate responsibility, whether property damage was caused, whether there are grounds for transfer of the case for consideration to other organizations or the labor team. It is also necessary to establish other circumstances that are important for solving the case.
A person who is brought to administrative responsibility has the right to appeal a decision on an administrative offense, which was issued either by a relevant official or by a court. We will consider the appeal of decisions in cases of administrative offenses in the next article.
Protection in cases of administrative offenses is an integral part of the judicial system of every democratic state, including Ukraine. Ensuring fair and effective protection helps ensure compliance with the law and protection of the rights and freedoms of every citizen.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of a specific situation, will provide representation and defense in court and will participate in a court hearing in any city of Ukraine. A lawyer in court and a legal process with a lawyer are a guarantee of quality protection of your rights and interests.
