Article 124 of the Code of Ukraine on Administrative Offenses – what fine, punishment, court practice in Ukraine?

To obtain a driver's license in Ukraine, a person must successfully pass a theoretical and practical exam.

That is, only a trained citizen who knows the rules of the road and knows how to drive vehicles can get a driver's license.

However, the more a person is behind the wheel, the less aware he is that sooner or later he may get into an accident.

This is not necessarily due to her fault or carelessness, as the vehicle's brakes can simply fail on the road. Therefore, if a person violates traffic rules and commits an accident, the liability for this is stipulated in Art. 124 of the Code of Ukraine on Administrative Offenses.

In this informative article, we will talk about what fines and punishments are provided for under Art. 124 of the Code of Ukraine on Administrative Offenses, and we will also analyze the judicial practice related to this topic.

What are the fines and penalties provided for in Art. 124 Code of Ukraine on Administrative Offenses?

Provisions of Art. 124 of the Code of Ukraine on Administrative Offenses provides that administrative responsibility under this article arises when a citizen violates traffic rules, which as a result causes damage to cars, cargo, roads, streets, railway crossings, road structures or other property without other injured persons.

The sanction of the article provides for punishment in the form of a fine of 850 hryvnias or deprivation of the right to drive cars for a period of 6 months to 1 year.

Importantly! A citizen may be released from administrative liability under Art. 124 of the Code of Ukraine on Administrative Offenses in the event that he and another participant in a road accident use the right to draw up a European protocol (a special form for notification of the occurrence of a road accident involving two parties, which is provided to an insurance organization).

Judicial practice

If from the moment of drawing up the report on the person's commission of an administrative offense under Art. 124 of the Code of Ukraine on Administrative Offenses before transferring the case to judicial authority more than 3 months have passed, then it is subject to closure.

The judge of the Novoukrainian District Court of Kirovohrad Oblast noted this legal opinion in case No. 396/2169/23 dated February 13, 2024, and stated the following.

Protocol on the commission of an administrative offense under Art. 124 of the Code of Ukraine on Administrative Offenses was drawn up on October 7, 2023, the case came to court on January 10, 2024. The term of bringing a person to justice under this article is 3 months.

Thus, at the time of consideration of the court case, the term for bringing the person to administrative responsibility has already passed, and therefore the proceedings in the case should be closed. Similar legal conclusions can also be found in cases No. 456/1550/24 dated March 18, 2024, and No. 161/22517/23 dated March 14, 2024.

If a person violates traffic rules and at the same time damages only his own vehicle, he cannot be held administratively liable under Article 124 of the Code of Ukraine on Administrative Offenses.

The judge of the Voznesensky City District Court of the Mykolaiv Region noted this legal opinion in case No. 473/756/24 dated February 20, 2024, and drew attention to the following.

A mandatory feature of the offense provided for in Art. 124 of the Code of Ukraine on Administrative Offenses, there is damage to third parties. Causing mechanical damage to one's own car does not constitute an administrative offense provided for in Art. 124 of the Code of Ukraine on Administrative Offenses.

If a citizen violated the rules of the road and damaged only his own vehicle in connection with running into a damaged lane of the road, he cannot be prosecuted under Art. 124 of the Code of Ukraine on Administrative Offenses. The case was closed. 

If you are brought to administrative responsibility under Art. 124 of the Code of Ukraine on Administrative Offenses, but if you are sure that these are illegal actions on the part of employees of the National Police, then in this case you should contact qualified specialists from the "Prikhodko and Partners" law office.

The company's lawyers have many years of practical experience in working with cases related to the commission of administrative offenses, and therefore they will be able to help build an effective model of protection for our clients and close proceedings under Art. 124 of the Code of Ukraine on Administrative Offenses. So don't delay and contact us!