Zal Dmytro Oleksandrovych

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Case: Preserved the client’s rights after illegal detention under Article 130

administrative law
Reading time: 2 min.

Client: Oleksandr
Region: Kyiv
Goal: Close the case under Art. 130 of the Labor Code of Ukraine

Customer request:
Client Oleksandr was stopped by patrol police officers while driving home without any legal reasons. The police officers, having no legal grounds for such actions, began an examination of Oleksandr’s state of alcohol intoxication. After an examination at a healthcare institution, a report was drawn up on Oleksandr under Article 130 of the Code of Criminal Procedure.

The lawyer of the company “Prykhodko and Partners” got acquainted with the materials of the case on bringing Oleksandr to administrative responsibility. Having studied the protocol and the Client’s explanation in detail, the lawyer agreed with him on the legal position on proving the illegality of the results of Alexander’s intoxication examination.

According to Art. 130 of the Criminal Procedure Code establishes responsibility for driving vehicles 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 handing over 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 a person who drives a 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, and answers to the lawyer’s requests from the healthcare institution. According to these documents, the illegality of examining the Client for intoxication was proven.

Thanks to this, the court issued a Resolution by which the proceedings against Oleksandr were closed due to the absence of an administrative offense, the driver’s license was later returned to Oleksandr by the Patrol Police Department.

Photos of the results of our work:

постановление 130
постановление суда
судебное постановление

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