Publication date: 09.06.2024
The procedure for appealing against fines for administrative offenses of drivers
Introduction
Appealing against fines for administrative offenses committed by drivers is an important procedure that ensures the protection of the rights and interests of citizens. In Ukraine, this procedure is regulated by the Code of Ukraine on Administrative Offenses (CUAO) and other regulations. In this article, we will consider the main stages and peculiarities of appealing against fines for violation of traffic rules.
Main legislative acts
Code of Ukraine on Administrative Offenses (CUAO)
The CUAO defines the procedure for bringing to administrative liability, as well as the procedure for appealing decisions on imposing administrative penalties, including fines for traffic violations.
The Law of Ukraine "On Road Traffic"
This law establishes general traffic rules and liability for their violation, which are also relevant when appealing against fines.
Appeal procedure
Preparing for an appeal
Before starting the appeal procedure, the driver must carefully study the report on the administrative offense and the decision to impose a fine. It is important to pay attention to:
- Date, time and place of the violation.
- Description of the circumstances of the violation.
- Evidence on the basis of which the decision was made.
Filing a complaint
The driver has the right to file a complaint against the decision to impose a fine administratively or in court.
Administrative appeal procedure:
- The complaint is filed with the higher authority or official who made the decision to impose the fine.
- The deadline for filing an appeal is 10 days from the date of receipt of the decision.
Judicial appeal procedure:
- The complaint is filed with the local court at the place of the offense or at the driver's place of residence.
- The deadline for filing an appeal is also 10 days from the date of receipt of the decision.
Consideration of the complaint
Administrative proceedings:
- A higher body or official is obliged to consider the complaint within 20 days from the date of its submission.
- Based on the results of the review, a decision is made to uphold the decision, cancel the decision, or change the penalty.
Court proceedings:
- The court considers the complaint within 30 days from the date of its submission.
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- The driver has the right to participate in the court hearing, provide evidence and explanations.
- The court may leave the decision unchanged, cancel it, or change the penalty.
Implementation of the decision
If the complaint is upheld, the fine may be canceled, changed, or the driver may be completely exempt from administrative liability. If the decision is upheld, the driver is obliged to pay the fine within the established timeframe.
Tips for a successful appeal
Collecting evidence:
- Photos, videos, and witness statements can be used as evidence of the driver's innocence.
Contacting a lawyer:
- Consulting a lawyer specializing in administrative offenses can significantly increase the chances of a successful appeal.
Meeting deadlines:
- It is important to file a complaint within the time limits set by law in order not to lose the right to appeal.
