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It is quite common for cases of administrative offenses to be closed due to the expiration of administrative penalties. However, the other party always pleads guilty to such a person without acknowledging the expiration of the time limit for the imposition of the penalty. Yes, the ruling of the Shevchenkivskyi District Court of Kyiv in case No. 761/20981/19 of 12.08.2019 may be quite interesting and useful for the practice of a lawyer.
Thus, according to Part 3 of Art. 38 Administrative Code for administrative offenses may be imposed within three months from the day of detection, but not later than two years from the day of its commission.
Paragraph 7 of Article 247 of the Code of Administrative Offenses provides that proceedings in an administrative offense case shall be closed if, at the time of the case, the time limit established by Article 38 of the Administrative Code has expired.
Thus, according to the requirements of Art. 247 of the Code of Administrative Offenses, in the event of closing the proceedings on the grounds stated above, the court does not establish the guilt of the person in committing an administrative offense.
The combination of closing proceedings in a case with a simultaneous admission of a person’s guilt in committing an administrative offense is a mutually exclusive decision and their adoption in one court decision indicates a violation of the person’s right to a fair trial.
The above corresponds to the requirements of Art. 284 of the Code of Administrative Offenses, which provides that the decision proving the guilt of the person is the decision to impose administrative punishment or to apply measures of influence, the condition of which is to establish the guilt of the person.
Thus, in case of expiration of the imposition of administrative penalty, the judge is obliged to suspend any actions aimed at bringing the person to administrative responsibility, regardless of any other circumstances to be clarified during the hearing of the case, the number and guilt of the person.
This decision clearly demonstrates the possibility of canceling protocols on corruption-related administrative offenses of the National Anti-Corruption Agency and avoiding prosecution, even in difficult situations. Therefore, choose a reliable and professional legal representative who will protect your interests at the proper level.
Author: Ivan Ischuk