Advocate in Administrative Offence Cases
The Advocate Bureau of Olena Busol will effectively represent your interests before courts at all levels, working towards the most favourable outcome.
The objectives of the Code of Ukraine on Administrative Offences are:
- the protection of citizens’ rights and freedoms,
- the protection of property,
- the protection of the constitutional order of Ukraine,
- the protection of the rights and legitimate interests of enterprises,
- institutions and organisations,
- the protection of the established legal order,
- strengthening compliance with the law,
- the prevention of offences,
- educating citizens in the spirit of strict and unwavering observance of the Constitution and laws of Ukraine,
- fostering respect for the rights, honour and dignity of other citizens, the rules of social coexistence, conscientious fulfilment of one’s duties and responsibility towards society.
Our knowledge and experience will help to solve your case effectively and at a high level. Get a consultation now!
Article 269 of the Code of Ukraine on Administrative Offences provides for the rights of the victim:
A victim is a person who has suffered moral, physical or property damage as a result of an administrative offence.
The victim has the right to examine the case materials, submit motions and appeal the decision in an administrative offence case.
The victim may be questioned as a witness in accordance with Article 272 of this Code.
Article 270 of the Code of Ukraine on Administrative Offences provides for the rights of legal representatives:
The interests of a person facing administrative liability and of a victim who are minors or who, due to physical or mental impairments, cannot independently exercise their rights in administrative offence cases may be represented by their legal representatives (parents, adoptive parents, guardians or trustees).
Legal representatives have the right to examine the case materials, submit motions and, on behalf of the person whose interests they represent, lodge appeals against decisions of the authority (official) considering the case.
Article 271 of the Code of Ukraine on Administrative Offences provides for the rights of defence counsel:
An advocate or another legal specialist who is entitled by law to provide legal assistance personally or on behalf of a legal entity may participate in the consideration of an administrative offence case. These persons have the right to examine the case materials, submit motions and, on the instructions of the person who engaged them, lodge appeals on that person’s behalf against decisions of the authority (official) considering the case. They also have other rights provided for by the laws of Ukraine.
An advocate’s authority in administrative offence cases to participate in the consideration of a case is confirmed by an advocate’s warrant issued by an advocates’ association or by an appropriate power of attorney to conduct the case.
Order an assessment of the case prospects and development of an action strategy for the client
Appealing Decisions in Administrative Offence Cases
Under Article 287 of the Code of Ukraine on Administrative Offences, a decision in an administrative offence case may be appealed by the person in respect of whom it was issued, as well as by the victim.
A decision of a district, district-in-city, city or city-district court (judge) imposing an administrative penalty may be appealed in accordance with the procedure established by this Code.
Procedure for Appealing a Decision in an Administrative Offence Case under Article 288 of the Code of Ukraine on Administrative Offences:
A decision in an administrative offence case may be appealed as follows:
1) a decision of an administrative commission may be appealed to the executive committee of the relevant council or to a district, district-in-city, city or city-district court, in accordance with the procedure established by the Code of Administrative Procedure of Ukraine, subject to the specific provisions of this Code;
2) a decision of the executive committee of a village, settlement or city council may be appealed to the relevant council or to a district, district-in-city, city or city-district court, in accordance with the procedure established by the Code of Administrative Procedure of Ukraine, subject to the specific provisions of this Code;
3) a decision of another authority (official) imposing an administrative penalty may be appealed to a higher authority (higher-ranking official) or to a district, district-in-city, city or city-district court, in accordance with the procedure established by the Code of Administrative Procedure of Ukraine, subject to the specific provisions of this Code.
A decision simultaneously imposing a principal and an additional administrative penalty may, at the discretion of the person in respect of whom it was issued or the victim, be appealed in accordance with the procedure established for appealing either the principal or the additional penalty.
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An appeal is submitted to the authority (official) that issued the decision in the administrative offence case, unless otherwise provided by Ukrainian legislation. Within three days of receipt, the appeal must be forwarded together with the case materials to the authority (official) competent to consider it under this Article.
A decision of an authorised authority (official) imposing an administrative penalty may be annulled or amended by the head of the relevant authority following a prosecutor’s protest, or by the head of a higher authority irrespective of whether a prosecutor’s protest has been lodged.
A person who appeals a decision in an administrative offence case is exempt from paying the state duty.
Time Limit for Appealing a Decision in an Administrative Offence Case under Article 289 of the Code of Ukraine on Administrative Offences:
An appeal against a decision in an administrative offence case may be lodged within ten days from the date on which the decision was issued. If this time limit is missed for valid reasons, it may be reinstated, upon application by the person in respect of whom the decision was issued, by the authority (official) competent to consider the appeal.
Time Limits for Imposing Administrative Penalties (Under the Code of Ukraine on Administrative Offences)
- An administrative penalty may be imposed no later than two months from the date on which the offence was committed or, in the case of a continuing offence, no later than two months from the date of its discovery, except where administrative offence cases fall within the jurisdiction of a court (judge) under this Code.
- Where administrative offence cases fall within the jurisdiction of a court (judge) under this Code or other laws, a penalty may be imposed no later than three months from the date on which the offence was committed or, in the case of a continuing offence, no later than three months from the date of its discovery, except for administrative offence cases referred to in paragraphs three to six of this Article.
- An administrative penalty for an offence provided for by parts three to six of Article 164-14 of this Code may be imposed within six months from the date of its discovery, but no later than two years from the date on which it was committed.
- An administrative penalty for a corruption-related offence, as well as for offences provided for by Articles 212-15 and 212-21 of this Code, may be imposed within six months from the date of its discovery, but no later than two years from the date on which it was committed.
- An administrative penalty for offences provided for by Articles 204-1 and 204-2 of this Code may be imposed within three months from the date of their discovery, but no later than one year from the date on which they were committed. Where such offences are committed by foreign nationals or stateless persons in respect of whom a decision on forced return or forced expulsion from Ukraine has been made in accordance with the procedure established by law, a penalty may be imposed within the period necessary for their departure from Ukraine, but no later than the time limit established by law for their departure or for ensuring their forced expulsion from Ukraine.
- An administrative penalty for offences provided for by Article 130 of this Code may be imposed within one year from the date on which the offence was committed.
- Where criminal proceedings have been closed but the actions of the person concerned contain elements of an administrative offence, an administrative penalty may be imposed no later than three months from the date on which the decision to close the criminal proceedings was made.