CANCELLATION BY A POLICE PENALTY IS A BASIS FOR REDUCING MORAL DAMAGE
There has been widespread court practice of levying in favor of motorists harmed by the imposition of illegal fines on them by the police.
Thus, the inspector of the patrol police in Poltava imposed a driver a fine of $ 425 a red light. Disagreeing with the unlawful actions of the inspector, the driver appealed a fine in court. For the results of the lawsuit, this fine by the court was canceled.
After that, the driver has already sued the court with a new lawsuit on the recovery of illegal actions of police moral damage in the amount of 42 500 UAH, that is, a hundred times the amount of the fine.
By a decision dated December 21, 2012, the district court of Poltava complied with the claim in part, charging 3000 UAH in favor of the driver. moral damage caused by illegal actions of a police officer. Now the management of the patrol police must recover these funds from the guilty person – the police officer who made the illegal decision, as well as to bring him to disciplinary responsibility.
Such a position of courts will encourage policemen to comply with the law when imposing fines. If the driver is guilty, then the driver will be responsible if the policeman made an illegal decision, then he should also be liable, in particular material and disciplinary.
If the policeman tries to impose an unjust penalty on you, remind him of the responsibility on his part. If you had earlier police fines that were canceled by the courts, you can go to court for compensation for non-pecuniary damage. The term for appealing to the court for compensation for moral harm is 3 years from the date of the issuance of an illegal decision.
Postet by: Andriy Kubov