Publication date: 09.06.2024
Legal regulation of administrative liability for driving a vehicle without documents
Introduction
Driving a vehicle without the necessary documents is a serious violation that can lead to significant administrative sanctions. In Ukraine, the legal regulation of this issue is established by a number of regulatory acts aimed at ensuring road safety and compliance with the rules by drivers.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The main legal act regulating liability for driving a vehicle without documents is the Code of Ukraine on Administrative Offenses. Liability for such violations is provided for in Article 126 of the Code of Administrative Offenses.
The Law of Ukraine "On Road Traffic"
This law establishes general traffic rules and requirements for drivers to have and present the necessary documents when driving vehicles.
Traffic rules of Ukraine (SDA)
The Traffic Code defines the list of documents that a driver must have with him or her when driving a vehicle. These documents include:
- A driver's license of the appropriate category.
- Registration document for the vehicle.
- A policy of compulsory civil liability insurance (CTP).
Types of violations and liability
No driver's license
Driving a vehicle without a driver's license corresponding to the vehicle category is a violation punishable by a fine of UAH 425 to UAH 850.
Absence of a registration document
Failure to have a vehicle registration document while driving will result in a fine of UAH 425.
Absence of a policy of compulsory motor TPL insurance
Driving a vehicle without a policy of compulsory civil liability insurance (CTP) is subject to a fine of UAH 425 to UAH 850.
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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 pieces of evidence, such as witness statements, surveillance videos, and other materials, may be used to prove that a person has violated the rules of driving without documents.
Challenging evidence
The driver has the right to challenge the evidence provided by the administrative authority. For example, if the video recording is of poor quality or the testimony of witnesses is contradictory, the driver may request that they be excluded from consideration.
