Publication date: 29.04.2024
Appealing decisions in cases of administrative offenses
Appealing decisions in cases of administrative offenses is an important stage of the procedure for resolving legal issues. The legislation of Ukraine defines a clear procedure for appealing such decisions and provides citizens with the appropriate rights and opportunities.
The Code of Ukraine on Administrative Offenses defines the procedure and conditions for appealing resolutions in cases on administrative offenses.
Right to appeal
The person against whom the official issued a resolution on an administrative offense, as well as the victim, have the right to appeal this resolution to the court.
The decision of the court in the case of an administrative offense is appealed in the appeal procedure.
The right to appeal is guaranteed by the Constitution of Ukraine.
Appeal procedure
Resolutions in administrative offense cases are challenged:
Resolution of the administrative commission - to the executive committee or to the court.
The decision of the executive committee - to the relevant council or to the court.
The resolution of another body on the imposition of penalty - to a higher body or to the court.
Resolution on the simultaneous imposition of the main and additional penalty - at the choice of the person or the victim in the manner established for each penalty separately.
The ruling of the parking inspector - to the court.
The decision of the state inspector on control over the use and protection of land - to the court.
A complaint against a resolution is filed through the body (official) that issued the resolution.
The relevant body or official sends the complaint together with the case within three days to the body authorized to consider it.The person who appeals the resolution is exempted from paying the state duty.
The term of appeal of the resolution
An appeal against the resolution must be filed within ten days from the date of its issuance. In the case of missing the deadline for submitting a complaint against the resolution, such deadline may be extended at the request of the complainant.
The term of entry into force of the resolution
The decision of an official in the case of an administrative offense becomes legally binding after the expiry of the period for appealing it.
Powers of the body (official) that considers the appeal against the resolution
The body (official) considering a complaint against a decision on an administrative offense may:
1. leave the resolution unchanged and the complaint unsatisfied;
2. cancel the resolution and send the case for a new consideration;
3. cancel the resolution and close the case;
4. change the penalty measure within the limits provided by law, but so as not to increase it.
If it is established that the resolution was issued by an unauthorized body or official, it is canceled and the case is referred to a competent body or official.
The procedure for appellate review of a court decision
A judge's decision in administrative offense cases takes effect after the deadline for filing an appeal has expired.
Terms and procedure for appealing a court decision
An appeal may be filed within 10 days from the date of the ruling by the person brought to justice, his representative, defense counsel, the victim, and the prosecutor in certain cases.
The appeal is sent to the appropriate appellate court through the local court that made the decision.The appellate court has 20 days to consider the case.
The parties are notified of the date, time and place of the court session no later than 3 days before its commencement.
Decision of the Court of Appeal
The court can leave the complaint unsatisfied, cancel the decision, close the proceedings, adopt a new decision or change the decision.
A change in the resolution cannot lead to an increase in the penalty.
The decision of the appellate court becomes legally binding immediately after its delivery, without being subject to appeal.
Appealing decisions in cases of administrative offenses is an important mechanism for protecting the rights of citizens. The legislation of Ukraine clearly defines the appeal procedure and provides citizens with the appropriate rights to carry out this process.
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