Article 130 of the Code of Ukraine on Administrative Offenses – what is the fine, how to appeal, court practice

When driving a vehicle, almost every driver faces a car stop by employees of the National Police.

As a rule, first, they check the documents of the driver of the vehicle, then they evaluate him for the use of alcoholic or narcotic drugs, and then, in the presence of detected violations, draw up protocols on bringing him to administrative responsibility.

One of the most common articles in practice is Art. 130 of the Code of Ukraine on Administrative Offenses. What is the relevance of the chosen topic for today?

Therefore, in this informative article, we will talk about the fine provided for in Art. 130 of the Code of Ukraine on Administrative Offenses, how to challenge the protocol drawn up by employees of the National Police and we will analyze the judicial practice related to this topic.

What is the fine per careful Art. 130 Code of Ukraine on Administrative Offenses?

• Committing an administrative offense for the first time, which is provided for in Part 1 of Art. 130 Code of Ukraine on Administrative Offenses - provides for the imposition of a fine for 17,000 thousand hryvnias and deprivation of the right to drive vehicles for 1 year;
• If a person has repeatedly committed an offense provided for in Part 2 of Art. 130 of the Code of Ukraine on Administrative Offenses- provides for the imposition of a fine of 34,000 thousand hryvnias and the deprivation of the right to drive vehicles for 3 years or the application of administrative arrest for 10 days. Also, a citizen's vehicle can be confiscated with or without compensation. Repeated commission of an administrative offense should be understood as its commission within 1 year from the moment a person is brought to justice under Part 1 of Art. 130 Code of Ukraine on Administrative Offenses;
• If a person commits an offense for the third time during the year, which is provided for in Part 3 of Art. 130 Code of Ukraine on Administrative Offenses -provides for the imposition of a fine of 51,000 thousand hryvnias and the deprivation of the right to drive vehicles for 10 years, or the imposition of administrative arrest for 15 days. Also, a citizen's car can be confiscated, but without the right to its compensation in the future;
• If a person consumes alcohol or other narcotic drugs after committing a traffic accident or stopping a car by employees of the National Police until the time of the medical examination (Part 4 of Article 130 of the Code of Ukraine on Administrative Offenses) -provides for the imposition of a fine for 34,000 thousand hryvnias or the application of administrative arrest for 15 days simultaneously with the deprivation of the right to drive cars for 3 years.

How to appeal the protocol drawn up under Art. 130 Code of Ukraine on Administrative Offenses?

To begin with, you should familiarize yourself with the case materials that were transferred to the judicial authority under Art. 130 of the Code of Ukraine on Administrative Offenses.

Then establish what the evidence base is based on for driving a vehicle while under the influence of alcohol, usually, this is the testimony of witnesses, a protocol drawn up by the National Police, video recording of the offense. After that, all the evidence in the case should be analyzed for their relevance and admissibility.

If the employees of the National Police collected any evidence in violation of the current Ukrainian NPAs, then the court cannot take such evidence into account, and thus the guilt of the person will not be proven, which as a result entails the closure of the proceedings in the case and the release of the person from administrative responsibility

Judicial practice

Issuance of a report on the commission of an offense under Art. 130 of the Code of Code of Ukraine on Administrative Offenses during an air alert is the basis for closing the proceedings in the case.

He came to such conclusions that the District Court of Zhytomyr in case No. 295/355/23, where it noted that the fact of a person driving a car while intoxicated to deliver his family members to a bomb shelter does not justify the offender's actions, however, when drawing up a report, employees of the National Police should take into account that first of all it is necessary to ensure the safety of persons from missile strikes, and only then to draw up a protocol on the commission of an administrative offense under Part 1 of Article 130 of the Code of Ukraine on Administrative Offenses.

A similar conclusion is also contained in No. 569/16321/23 of the Rivne Court of Appeal.

During martial law in the country, an important factor in the consideration of cases under Art. 130 of the Code of Ukraine on Administrative Offenses is an implementation of volunteering.

Thus, in case No. 344/4400/22, the Ivano-Frankivsk Court of Appeal took into account the missed deadlines for an appeal in the case under Art. 130 of the Code of Ukraine on Administrative Offenses in connection with volunteering by a citizen, and therefore renewed the missed appeal deadline and accepted the appeal.

If you have been issued a report under Art. 130 of the Code of Administrative Offenses of Ukraine and if you believe that these are the actions of the employees of the bodiesNational police are illegal, then contact the Prikhodko and Partners law office.

Our lawyers will help collect all the necessary evidence in the case, which confirms the innocence of the company's client, and will also build an effective defense strategy in case the case is referred to the judicial authorities. Do not delay and come to us for a consultation!