Paying a fine for violating traffic rules is a multifaceted issue, where details and timing play an important role. Lawyers say that in fact, the procedure is simple, but there are important nuances.
In Ukraine, the algorithm for appealing a fine for violating traffic rules is simple. However, first of all, it is necessary to determine exactly what violations were committed by the police officers. Unreasonable stopping of a vehicle (failure to comply with the requirements of Article 35 of the Law of Ukraine “On the National Police”) is common. Lawyers note: a policeman has the right to stop a car if the driver violates traffic rules, just as the driver has the right to subsequently appeal the fine imposed by the policeman. Lawyers told Focus about the timing, cost of filing a claim and the procedure for appealing a fine issued by the police.
“Employees of the National Police of Ukraine have the authority, as a result of considering a case of an administrative offense, to draw up a resolution to impose an administrative penalty in the form of a fine. However, a situation often occurs when these decisions are made with significant violations and, accordingly, there are reasonable grounds for appealing them in the manner prescribed by law “, noted in the comment Focus lawyer of JSC “EvrikaLaw” Andrey Shelikh.
A policeman has the right to stop a car if the driver violates traffic rules, just as the driver has the right to later appeal the fine imposed by the policeman
Photo: UNIAN
Don’t waste your time: the deadline for appealing a fine is by law
If the driver does not admit his guilt in violating traffic rules and decides to file a claim to appeal, then he should do this at his place of residence or at the location of the defendant. On this Focus noted lawyer, manager of the Olga Novikova Law Office, Olga Novikova. You should also not hesitate to appeal.
Appealing a decision is quite simple. However, the Code of Administrative Offenses has set a deadline for drivers – only 10 days from the date of the decision.
“It’s quite simple to appeal the decision. However, the Code of Administrative Offenses of Ukraine (Code of Ukraine on Administrative Offenses – ed.) set a deadline for drivers – only 10 days from the date of the decision . Therefore, after receiving a copy of the resolution, a person has the right to seek protection of his rights from the leadership of the patrol police. But such requests often go unanswered. That’s why in order not to waste time, go to court immediately . The statement of claim must be filed in court either at your place of residence or at the location of the defendant,” explained Olga Novikova.
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The lawyer also points out that The defendant must indicate not the inspector who issued the decision against the driver, but the National Police body whose employee issues the fine..
Andrey Shelikh agrees with the expert and adds that meeting deadlines plays an important role. Therefore, in fact, you need to make sure whether time is lost to appeal the decision, according to Art. 289 of the Code of Ukraine on Administrative Offenses from the moment it is issued or comes into force (if, for example, we are talking about violations of traffic rules recorded automatically).
To appeal a fine, the defendant must indicate a person other than the inspector who issued the decision against the driver.
Photo: UNIAN
The procedure and cost of appealing a fine for violating traffic rules
At the same time, as the lawyer says, if the deadlines are missed, then along with the statement of claim it is necessary to submit a substantiated application to restore the deadline.
“It is worth noting that according to the conclusion of the Grand Chamber of the Supreme Court, set out in the resolution of March 18, 2020 in case No. 543/775/17, for filing a statement of claim to appeal a decision in a case of an administrative offense, a court fee of 0.2 times the living wage for able-bodied persons (in 2024 – 605.60 UAH). At the same time, according to clause 3, part 2, art. 288 of the Code of Ukraine on Administrative Offenses, the decision to impose a fine can be appealed to a higher authority or official,” explained lawyer Andrey Shelikh.
To file a claim, you must pay a court fee in the amount of UAH 605.60. If the claim is satisfied, the court fee is returned to the Plaintiff in full.
According to his practice, it is judicial protection that is most effective.
The lawyer also said that if the claim is satisfied, the court fee will be returned to the plaintiff in full.
After receiving a copy of the resolution, a person has the right to apply for protection of his rights to the leadership of the patrol police
Photo: UNIAN
Appealing a fine: how to draw up a statement of claim
The document must be based on the norms of the Code of Administrative Offenses. A in the claim itself it is necessary indicate:
- on the basis of which article of the Code of Administrative Offenses the decision was made, date, series and its number, data of the police officer;
- why the driver considers the decision illegal and the fine biased;
- support your opinion with arguments and, if available, evidence, such as video or audio recordings, testimony of witnesses.
The statement of claim must express a request to recognize the actions of the police officer as unlawful, to cancel the decision on an administrative offense and to close the administrative proceedings
“At the same time, the statement of claim must express a request to recognize the actions of the police officer as unlawful, to cancel the decision on an administrative offense and to close the administrative proceedings,” adds lawyer Olga Novikova.
After filing a statement of claim with the appropriate court, it is accepted for consideration and if the violations of the police officers indicated by the driver are significant, the decision to impose a fine will be canceled and the administrative offense case will be closed. Therefore, there will be no need to pay a fine.
The statement of claim must express a request to recognize the actions of the police officer as unlawful.
Photo: UNIAN
Find out about the fine: what methods exist today
In Ukraine, there is now an automatic recording of traffic violations. Consequently, the driver can simply receive a fine by mail, that is, in most cases such a decision will not be served in person. According to the Government Portal, a driver can obtain information about the presence of fines on the following services:
- official website of the Ministry of Internal Affairs of Ukraine: bdr.mvs.gov.ua
- official mobile application of the Ministry of Internal Affairs of Ukraine – “Traffic fines”:
- Android: surl.li/lugjx
- iOS: surl.li/lugkd
- Chatbot “Traffic fines” @ShtrafyPDRbot
In Ukraine, there is now an automatic recording of traffic violations. Therefore, the driver can simply receive a fine by mail
Automatic recording of traffic violations works in Ukraine
Photo: UNIAN
“Using official services, you can easily search for decisions for violations committed on vehicles. In addition, you can subscribe to receive notifications about the issuance of new decisions. Online payment is available from the moment the decision is issued. Therefore, there is no need to wait until the decision arrives in your mailbox box. The mobile application “Traffic fines” is especially useful for those drivers who use vehicles that are not registered with them. After the decision is issued, the mail will be sent directly to the owner of the car, and therefore the information about the decisions is always available. at hand,” says a message on the Cabinet of Ministers website. They added: if payment is made within 10 days from the date of receipt of the decision (or before this time, having found out using applications), you can pay only 50% of the fine.
