A statement of claim on the cancellation of the resolution on the imposition of an administrative penalty

Resolutions on the imposition of administrative fines are not uncommon in Ukraine today, because they are authorized to issue the vast majority of employees of the National Police.

However, in many cases in practice, these resolutions are unfounded and groundless, which makes it possible to appeal them to judicial authorities. However, for this, it is necessary to correctly draw up a statement of claim.

In this informative article, the lawyers of the “Prikhodko and Partners” law office will explain the specifics of drafting a claim for annulment of a decision on the imposition of an administrative fine, taking into account the provisions of current Ukrainian legislation.

When can a resolution on the imposition of an administrative fine be issued?

First of all, it should be noted that the resolution on imposition of an administrative penalty is usually found in cases where a citizen is prosecuted for committing an administrative offense.

For example, a citizen drove a vehicle without the necessary documents (driver’s license), he did not have registration documents for the car, or he was unable to provide an insurance policy. For such actions, responsibility is assumed under Part 1 of Art. 126 of the Code of Ukraine on Administrative Offenses.

In such a case, the employees of the organization have to impose an administrative fine of the National Police.

What kind can subjects issue a resolution on the imposition of an administrative penalty?

The provisions of the Code of Ukraine on Administrative Offenses provide that there are various entities that can bring a person to administrative responsibility, namely:

• Administrative commissions, which must be created under executive committees in village, settlement, and city councils;
• Executive committees of the village, settlement, or city council;
• Local general, economic, administrative, appellate courts, higher specialized courts, and the Supreme Court;
• National Police;
• State Border Service;
• The executive body empowered to implement migration policy;
• Bodies of railway transport;
• and many others.

So, there is quite a large number of entities that can impose an administrative fine within the provisions of the Code of Ukraine on Administrative Offenses.

What are the features of writing a statement of claim for the cancellation of the resolution on the imposition of an administrative penalty?

If a citizen wishes to appeal the decision on the imposition of an administrative penalty, then you should file a claim with the local general court. At the same time, such a lawsuit can be filed both at the place of residence of the plaintiff and at the location of the defendant.

The following information should be noted in the submitted statement of claim, namely:

• full name of all parties to the case, as well as other participants (for individuals – full name, e-mail address, phone number, RNOCPP or passport number and series; for legal entities – identification code of the legal entity, its location, official e-mail address and number of means of communication);
• the content of the claim should state the events and circumstances by which the claimant substantiates its claims in the case, it is also possible to add an evidentiary base that can confirm all the facts stated in the claim;
• a complete list of documents and the evidence base attached to the claim (it is also worth noting what evidence cannot be submitted together with the claim);
• confirmation that the person has not filed the same lawsuit and on the same grounds against the defendant;
• if the person is exempted from paying the court fee – provide relevant documents confirming this fact;
• if the claim is filed by a representative, documents confirming his right to represent the client’s interests must be submitted.

Do you have any questions about this topic?

In such a situation, he turns seek help from specialists from the Prikhodko and Partners law firm.

Our lawyers have many years of practical experience in the field of administrative law, which allows us to provide only qualified legal support to the company’s clients at all stages of challenging a resolution in judicial authorities. So don’t delay and come to us for a consultation!