Publication date: 09.06.2024
Appealing against decisions to deprive a driver's license: procedure and practice
Introduction
The deprivation of a driver's license is a serious administrative penalty that has a significant impact on a driver's life. In Ukraine, the procedure for deprivation of driving privileges and appealing against such decisions is regulated by a number of legal acts. In this article, we will consider the procedure for appealing against decisions to deprive a driver's license, the legal grounds for appeal and the practice of applying this mechanism.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The Code of Ukraine on Administrative Offenses regulates the issue of administrative liability, including the deprivation of driving privileges. Articles 30-1 and 265 of this Code set out the grounds and procedure for deprivation of the right to drive vehicles.
The Law of Ukraine "On Road Traffic"
This law defines the general principles of traffic regulation and establishes requirements for drivers, including requirements for driving vehicles and grounds for deprivation of driving licenses.
Resolution of the Cabinet of Ministers of Ukraine
Resolution of the Cabinet of Ministers of Ukraine No. 1306 "On Approval of the Procedure for Temporary Seizure of a Driver's License and Temporary Detention of a Vehicle" regulates the procedure for temporary seizure of a driver's license until a court decision is made.
Procedure for appealing decisions
Filing a complaint
You can appeal against a decision to revoke your driver's license by filing a complaint with the court of first instance. The complaint must be filed within 10 days of receiving the decision to deprive you of the right to drive.
Required documents:
- A copy of the decision to revoke the driver's license.
- Documents confirming the circumstances that may serve as grounds for reversal of the decision (e.g., medical certificates, witness statements, etc.).
- Receipt of payment of the court fee.
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Court proceedings
After filing a complaint, the court sets a date for the hearing. At the court hearing, all the circumstances of the case are considered, evidence is presented, and the parties testify. The driver has the right to represent his or her interests independently or with the help of a lawyer.
Grounds for appeal
Violation of procedural rules
If there were violations of procedural rules when drawing up a report on an administrative offense (for example, the
failure to meet deadlines, incorrect paperwork), this may be grounds for revoking the decision to deprive a driver's license.
Absence of corpus delicti
If the driver proves that there is no offense (for example, there was no fact of driving under the influence of alcohol), the court may cancel the decision to revoke the driver's license.
New circumstances
If, after the ruling has been issued, new circumstances emerge that may affect the decision (e.g., new evidence, witness testimony), this may also be grounds for appealing the decision.
Application practice
Statistics
According to court statistics, a significant number of decisions to deprive drivers of their licenses are appealed in courts every year. The success of an appeal largely depends on the quality of the evidence and arguments presented.
