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Appeal of the court decision under Art. 130 of the Code of Ukraine on Administrative Offenses
The judicial authority issued a resolution declaring a natural person guilty under Art. 130 of the Code of Ukraine on Administrative Offenses and you consider this decision illegal?
In such a case, there is no need to panic, because not all methods of protection have been exhausted, as it is possible to appeal the court’s decision under Art. 130 of the Code of Ukraine on Administrative Offenses to the appellate instance.
How to do it in practice – we will talk about this issue in this informative article.
What steps must be taken to prepare an appeal under Art. 130 of the Code of Ukraine on Administrative Offenses?
- To begin with, you should get the full text of the court decision. Usually, on the day of the pronouncement of the court decision, the driver of the vehicle cannot receive a decision on prosecution, because the workload of the judges is quite large today. In addition, the laws of Ukraine allow the full text of the resolution to be issued within 3 days from the day of its promulgation. Therefore, in order not to miss the deadlines for filing an appeal, you should contact the court office with a written request to receive the text of the court decision;
- After that, you should study and familiarize yourself with the arguments of the court, why the person was brought to administrative responsibility;
- If there are grounds for appealing the court’s decision under Art. 130 of the Code of Ukraine on Administrative Offenses, then an appeal should be filed.
What are the terms for appealing the resolution under Art. 130 of the Code of Ukraine on Administrative Offenses?
An appeal against a decision of a judicial authority to prosecute a citizen under Art. 130 of the Code of Ukraine on Administrative Offenses can be submitted within 10 calendar days from the date of the resolution (Article 294 of the Code of Ukraine on Administrative Offenses).
If a person misses this deadline for valid reasons, he has the right to submit a request for an extension of the deadline for an appeal.
The request for renewal of the term under the Code of Ukraine on Administrative Offenses is submitted together with the appeal as an appendix, or this request must be included in the appeal itself.
What are the grounds for an appeal against the resolution under Art. 130 of the Code of Ukraine on Administrative Offenses?
The appeal must contain reasons and arguments why the decision of the court of first instance is illegal and subject to cancellation.
The main grounds for annulment of the resolution under Art. 130 of the Code of Ukraine on Administrative Offenses are:
- Incomplete or incorrect examination of the circumstances of the case by the judicial authority.
This usually manifests itself in the fact that the judge does not fully investigate all the available evidence in the case or does not call witnesses to confirm their written explanations and establish the existence of the offense under Art. 130 of the Code of Ukraine on Administrative Offenses.
Also, the practice is quite widespread when employees of the National Police provide evidence to the court in violation of the current legislation (for example, they do not properly record the fact that the driver of the vehicle refused a medical examination, make protocols with errors, do not mention two witnesses, etc.), and the judge does not recognize them as inadmissible, etc. This should be noted in the appeal;
- Improper application of substantive and procedural law by a judicial authority.
The procedure and procedure for bringing a citizen under Art. 130 of the Code of Ukraine on Administrative Offenses are clearly regulated by the normative legal acts of Ukraine.
Therefore, if the court’s conclusions contradict these acts, it must be indicated in the appeal as a reason for canceling the decision on bringing administrative responsibility.
Independent appeal of the resolution under Art. 130 of the Code of Ukraine on Administrative Offenses of Ukraine is a rather difficult task for its practical implementation, as it requires the presence of the necessary legal documents science, and knowledge on this topic.
Therefore, the best solution in this situation would be to contact qualified specialists from the Prikhodko and Partners law firm.
Our lawyers not only have many years of experience in working with similar issues, but also know how to properly file an appeal to challenge a decision under Art. 130 of the Code of Ukraine on Administrative Offenses. Do not delay and contact our company!
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1 question
Was a report of an administrative violation drawn up against you based on Article 130 of the Code of Ukraine on Administrative Offenses?
2 question
Have you had your driver's license revoked?
3 question
Is the case in court?
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