How to appeal Article 130 of the Code of Ukraine on Administrative Offenses?

Bringing citizens to administrative responsibility for driving a vehicle while under the influence of alcohol or drugs is not uncommon today, because statistics show that every third driver at least once in his life sat behind the wheel of a car while intoxicated.

And therefore the drafting of protocols by employees of the National Police under Art. 130 of the Code of Ukraine on Administrative Offenses is a fairly widespread phenomenon in practice. However, what to do if the driver of the vehicle did not drink alcoholic beverages, but was still issued a report under Art. 130 Code of Ukraine on Administrative Offenses?

In this informative article, we will talk about what are the peculiarities of challenging the protocol under Art. 130 of the Code of Ukraine on Administrative Offenses, while analyzing the provisions of the current Ukrainian legislation.

What should be understood by challenging the protocol under Art. 130 Code of Ukraine on Administrative Offenses?

Under appeal of the protocol in case of committing an administrative offense under Art. 130 of the Code of Ukraine on Administrative Offenses should be understood as a certain legal process, during which it is proven in the courts of the first instance that the actions of a citizen (driver of a vehicle) do not constitute an offense.

That is, the person considers himself innocent and therefore appeals to the protocol under Art. 130 of the Code of Ukraine on Administrative Offenses, as it is believed that the actions of the employees of the National Police are illegal.

During what periods can you appeal the protocol under Art. 130 Code of Ukraine on Administrative Offenses?

After the employees of the National Police made a report on the commission of an administrative offense under Art. 130 of the Code of Ukraine on Administrative Offenses, then by the time it is transferred to the judicial authorities, a period of 3 days to 1 month usually passes.

Then the judicial authority appoints a date for consideration of the case, at which the person being prosecuted and the representative of the National Police must appear. Before the date of appointment of the case consideration, it is necessary to familiarize yourself with the case materials, prepare your own written explanations, collect the evidence base, and study the statements of the witnesses.

This is necessary to build an effective defense strategy before the court hearing.

Terms of consideration of cases under Art. 130 Code of Ukraine on Administrative Offenses usually takes from 1 to 3 months, depending on the workload of the judicial authority and the complexity of the case. And therefore, during this time, a person can prove his innocence and ask for the proceedings to be closed.

In which court should the protocol be appealed under Art. 130 Code of Ukraine on Administrative Offenses?

Cases related to the commission of administrative offenses are authorized to be considered by the district courts of the first instance at the place where the protocol was drawn up.

In addition, the employees of the National Police themselves must indicate in the protocol to which court the materials will be submitted for their consideration and final decision on the case. The person signs the protocol on the commission of an administrative offense and thus, he is informed where to appeal the case materials under Art. 130 of the Code of Ukraine on Administrative Offenses.

How can our company help?

Professional lawyers from the "Prikhodko and Partners" law office can help the company's clients in the following, namely:

• Familiarize yourself with the case of an administrative offense;
• Conduct a detailed and legal analysis of the case to identify grounds for contesting the protocol under Art. 130 Code of Ukraine on Administrative Offenses;
• Help prepare written explanations on the case;
• Collect the necessary evidence base to prove the person's innocence and close the case proceedings;
• Effectively protect the interests of the company's client during the consideration of the case in the judicial authority;
• Represent the interests of the client when interacting with law enforcement authorities.

If you want to successfully challenge the protocol under Art. 130 of the Code of Ukraine on Administrative Offenses, then contacting qualified lawyers from the "Prikhodko and Partners" law office will help you achieve the desired result in practice.

After all, our specialists have a good understanding of all legal nuances in cases related to the commission of administrative offenses, and therefore will be able to find legal grounds for contesting the protocol under Art. 130 of the Code of Ukraine on Administrative Offenses. Get in touch!