What to do if a protocol on administrative violation is filed against you

First of all, I note that with an insignificant administrative offense, the police can exempt you from administrative responsibility, limiting yourself to an oral remark (Article 22 of the CAO) - you can always ask the police officer, recognizing the wrongfulness of their actions and promising good faith in the future. In this case, no protocol is made, but the police officer may hold an explanatory conversation, so that you realize the illegality of your behavior. Such a procedure is possible only if the case is within the competence of the police, and not of another body (for example, a court).

At the same time, there is a common case when the ruling in a case of an administrative offense is made immediately, that is, without a protocol, indicating the type and amount of the penalty or the imposition of a written warning (art. 26 283 KUoAP) - the so-called ruling on the knee. For example, such a procedure is applied according to the popular articles 175-1 КУоАП (smoking in an unspecified place) and 178 КУоАП (drinking alcohol in a prohibited place).

If, however, oral remarks can not do, then the policeman, as a general rule, must draw up a protocol on an administrative offense (art. 254 KUoAP).

The protocol on an administrative offense, in the case of its execution, is drawn up in two copies, one of which is handed over to a person brought to administrative responsibility (art. 254 KUoAP).

A person brought to administrative responsibility is entitled to provide explanations and comments on the content of the protocol, which are attached to it. And also - the right not to sign the protocol, indicating in the field for comments the reasons for their refusal to sign it (Art. 256 KUoAP).

If your explanations have left empty fields in which it will be possible to subsequently write something unlawfully (this, in turn, can be used against you), we advise them to boldly cross out the letter “Z”. In the explanations, you can state your vision of events, indicate the possibility of confirmation of this data by third parties. Also in the case when you refuse to sign the protocol, you can indicate the level of adequacy of the behavior of police officers and record other comments, in particular the fact that through such violations you refuse to sign the protocol.

The task of the policeman is to protect human rights and freedoms, as well as ensure public safety and order. To perform such tasks, he has been given the authority to identify and suppress administrative violations (Section 2.3, Part 1, Art. 23, Law of Ukraine “On the National Police”). So, having found offenses, it is the policeman who should respond to him properly. Also, the police officer is obliged to respond promptly to statements and reports of administrative offenses, oral statements are not an exception.

If you are a victim or witness of an offense - report it to the police, she has no right to ignore your words, referring to their falsity or artificiality.

If you are an offender, remember that you are obliged to fulfill only the legal requirements of police officers. Suspicion of an offense is the basis for verifying documents, carrying out a superficial inspection or personal search and inspection of things, and in certain cases - detention. Then we will discuss this in more detail.

You have the right to demand to prove the wrongfulness of your actions by reference to the relevant norms of the Administrative Code. That is, police officers are obliged to provide explanations about the illegality of your actions, and also to do this in a polite, convincing and understandable language for you, referring to the relevant requirements of regulatory legal acts.

The protocol is drawn up at the scene of the offense. However, if it is impossible to prepare it on the spot, the legislation allows the person to be detained for drawing up a protocol on an administrative offense. A separate protocol is drawn up on such a detention, which will be discussed in the next section.

Unfortunately, patrol police officers do not always know how to correctly draw up a protocol and use the help of more qualified colleagues. It can be investigators, sometimes regular, quite often - local police inspectors. Therefore, in most cases, the police “invite” the person to draw up a protocol to the police station, and in case of failure to voluntarily follow them, he delays to draw up a protocol on the basis of art. 259 КУоАП.

Now in detail about the protocol. A sample of the protocol can be found independently - it is an annex to the Instructions, approved. Order number 1376, which can be found on the website rada.gov.ua. You can also download the protocol on administrative detention, the decision on the case of an administrative offense and the like.

The protocol on an administrative offense, in the case of its execution, is drawn up in two copies, one of which is handed over to a person brought to administrative responsibility (art. 254 KUoAP).

In drawing up a protocol on an administrative offense, the person brought to administrative responsibility is explained his rights (meaning the explanation of the essence of certain articles, and not their simple reading), provided for by Art. 55, 56, 59, 63 of the Constitution of Ukraine, art. 268 КУоАП and it is reported that the case of an administrative offense will be considered within the time specified in Art. 277 КУоАП about what the mark becomes and the signature of the person brought to administrative responsibility (item 256 КУоАП, item 11 of section II of the Instruction, approved. Order No. 1376) is put.