Zal Dmytro Oleksandrovych

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Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

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Case: Helped the client close the case under Art. 130 of the Code of Ukraine on Administrative Offenses

administrative law
Reading time: 2 min.

Client: Yuriy
Region: Kyiv region.
Goal: Close the case under Art. 130 of the Code of Ukraine on Administrative Offenses

Customer request:

The client Yuriy had a conflict with the patrol police officers in his hometown, because of which the latter treated him with prejudice.

While Yuriy was near his car, police officers approached him and began the process of examining the driver for alcohol intoxication (although Yuriy was not driving the car).

Understanding the illegality of the actions of the police officers, Yuriy refused to undergo an examination for intoxication, as a result of which a report on an administrative offense under Art. 130 of the Code of Ukraine on Administrative Offenses.

The lawyer of the “Prikhodko and Partners” law office got acquainted with the materials of the case on bringing Yuriy to administrative responsibility. Having studied the protocol and the Client’s explanation in detail, the lawyer agreed on a legal position with the Client regarding the proof of the illegality of the fact of drawing up the protocol, since the Client was not in the status of a Driver.

According to Art. 130 of the Code of Ukraine on Administrative Offenses establishes responsibility for driving a vehicle by persons under the influence of alcohol, drugs or other intoxication or under the influence of drugs that reduce their attention and speed of reaction, as well as transfer of control of a vehicle to a person who is in a state of such intoxication or under the influence of such drugs, as well as the refusal of the person who drives the vehicle to undergo an examination for the state of alcohol, drug or other intoxication or the use of drugs that reduce attention and reaction speed in accordance with the established procedure.

Therefore, the court was provided with written explanations on the case, which contained clear instructions on the illegality of the actions of the patrol police officers.

According to these documents, the illegality of bringing the Client to administrative responsibility under Art. 130 of the Code of Ukraine on Administrative Offenses.

Thanks to this, the court issued a Resolution by which the proceedings against Yuriy were closed due to the absence of an administrative offense.

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Have you had your license taken away?

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Are you in Kyiv or the region?

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