Article 130 of the Code of Ukraine on Administrative Offenses in wartime

When obtaining a driver's license, every citizen knows that driving vehicles while under the influence of alcohol or drugs is strictly prohibited.

However, not everyone adheres to this in practice, and therefore bringing persons to administrative responsibility under the provisions of Art. 130 Code of Ukraine on Administrative Offense is not uncommon today, even during the introduction of martial law in the country.

Therefore, in this informative article, we will talk about the specifics of the onset of liability under Art. 130 of the Code of Ukraine on Administrative Offense.

What are the provisions of Art. 130 Code of Ukraine on Administrative Offense?

Provisions of Art. 130 of the Code of Criminal Procedure contains 6 parts, which have their special features of prosecution. However, the most widespread in practice is part 1 of Art. 130 of Code of Ukraine on Administrative Offense.

The disposition of this part provides for the imposition of administrative responsibility for driving vehicles while under the influence of alcohol, drugs, or other intoxication, or when a person is under the influence of drugs or preparations that significantly reduce his speed of reaction and attention, or the transfer of the right to drive a car to a person who is in such a state, or a citizen's refusal to undergo a medical examination to detect alcohol, drug or any other intoxication.

Therefore, Part 1 of Art. 130 of the Code of Ukraine on Administrative Offense  establishes three cases when a person can be prosecuted for driving a car while intoxicated.

Who has the right to draw up a report under Art. 130 Code of Ukraine on Administrative Offense?

If a person has committed an offense provided for by the provisions of Art. 130 of the Code of Ukraine on Administrative Offense, the National Police authorities are authorized to draw up the report.

They are obliged to draw up a protocol on the commission of an administrative offense in two copies, one of which is to be given to the person who committed the offense as a receipt, and the other to be handed over to the judicial authorities for consideration of the case on the merits and making the final decision on bringing the citizen to justice.

Importantly! Protocol in cases of administrative offenses under Art. 130 of the Code of Ukraine on Administrative Offense must be drawn up no later than 24 hours from the moment of detection of a citizen who committed an offense and drove a car under the influence of alcohol or drugs.

Can a car be confiscated for the needs of the Armed Forces, if a person has committed an administrative offense under Art. 130 of the Code of Ukraine on Administrative Offense during martial law?

According to the general rule of the provisions of Part 1 of Art. 130 of the Code of Ukraine on Administrative Offense does not provide for the confiscation of a car from a person's private property.

However, the norms of parts 2, and 3 of Art. 130 of the Code of Ukraine on Administrative Offense indicates that a citizen's car may be confiscated.

It is worth noting that confiscation of a car for the needs of the Armed Forces is possible only if the following steps are taken:

• Coordination of the need for confiscation of vehicles with the highest military leadership of the state. Without obtaining prior consent to receive confiscated cars for the needs of the Armed Forces, they cannot be seized from citizens. That is, only a specified list of military personnel has the right to give consent to the confiscation of cars for the needs of the Armed Forces;
• Property appraisal is a mandatory stage. This should be done to understand the real value of the confiscated property and whether it should be reimbursed to the car owner;
• Signing of the act of forced alienation of confiscated property. This act is signed by the owner of the property (vehicle) and an official representative of the military command. The document has a single established form.

A protocol was drawn up for you about bringing to administrative responsibility according to the provisions of Art. 130 Code of Ukraine on Administrative Offense?

In this case, defending your rights on your own will be a rather problematic matter, and therefore you should contact proven lawyers from the Prikhodko and Partners law firm.

The company's specialists have an excellent understanding of current legal regulations and have many years of experience in cases related to administrative offenses, which allows them to provide clients with only high-quality legal assistance. Get in touch!