Publication date: 09.06.2024
Legal aspects of administrative liability for violation of parking and stopping rules
Introduction
The issue of parking and stopping vehicles in populated areas is extremely important for ensuring road safety and the comfort of all road users. Improper parking or stopping can create significant problems for other drivers, pedestrians, and public transportation in general. In Ukraine, parking and stopping rules are regulated by law, and violation of these rules entails administrative liability.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The main provisions governing administrative liability for violation of parking and stopping rules are contained in Article 122 of the Code of Administrative Offenses. According to this article, violation of the rules of stopping and parking of vehicles entails the imposition of a fine.
Traffic rules of Ukraine (SDA)
The Traffic Rules of Ukraine regulate in detail the parking and stopping of vehicles. In particular, the traffic rules define the places where stopping and parking are prohibited, the procedure for driver's actions in case of a forced stop, and the requirements for the equipment of parking spaces.
Types of violations and liability
Incorrect parking lot
Parking a vehicle in places where it is prohibited by the Traffic Code (e.g., pedestrian crossings, public transport stops, in the area of "No Parking" signs) is subject to a fine. The fine for such a violation ranges from UAH 255 to UAH 510.
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Wrong stop
Stopping a vehicle in places where it is prohibited by traffic rules (for example, at intersections, railroad crossings, tunnels) is also prohibited;
is subject to administrative penalty. The fine for such a violation is UAH 255.
Blocking the movement
If the improper parking or stopping of a vehicle creates an obstacle to the movement of other vehicles or pedestrians, the amount of the fine may increase. In such cases, the fine can reach 680 hryvnias.
The procedure for appealing against fines
Filing a complaint
The driver has the right to appeal the imposed fine if he or she disagrees with the decision on the administrative offense. The complaint can be filed with the administrative body that issued the decision or with the court. The complaint must be filed within 10 days of receiving the decision.
Required documents:
- A copy of the decision to impose a fine.
- Documents confirming the circumstances that may serve as grounds for reversal of the decision (e.g., witness statements, video recordings).
- Receipt of payment of the court fee (if the complaint is filed in court).
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.
Legal aspects
Evidence base
Various evidences can be used to prove the fact of violation of parking and stopping rules, such as video recordings from surveillance cameras, witness statements, etc.
