Publication date: 03.04.2025
My name is Andriy Bilyk, I am a lawyer from Gdansk, Poland. I have many years of experience and deep knowledge of the legislative framework. I have worked "on different sides of the barricades", I know the work of the investigation (5 years of experience, 4 of which were involved in the investigation of road accidents).
Situation Description: The plaintiff filed a lawsuit requesting the annulment of the administrative offense decision issued by police officers for violating seatbelt usage rules. The case concerns the stop of the plaintiff's vehicle, the improper compilation of the protocol, and the violation of administrative material processing procedures.
Case Circumstances:
On February 25, 2020, at approximately 10:40 PM, the plaintiff's vehicle was stopped by police officers near house number 169 on Krasnodarska Street. At that time, the police were communicating with another driver on the opposite side of the road. After stopping the vehicle, the police asked the driver to exit the car, explaining that they smelled alcohol.
Despite the absence of any violation that would warrant the creation of a protocol, the police officers made a report under part 1 of Article 130 of the Administrative Offenses Code of Ukraine. After the report was created, no further documents were processed. Only after two hours did the plaintiff receive a copy of the protocol and a temporary driver's license and was allowed to go home.
However, on March 3, 2020, the plaintiff received a letter by mail indicating that on February 25, 2020, at 23:13:39, almost an hour after his vehicle was stopped, a decision was made regarding his violation of seatbelt usage rules.
Issue:
The plaintiff claims that the decision is a forgery because it indicates the wrong time, which does not match the time of the vehicle stop. Moreover, he points out procedural violations, as he was not provided the opportunity to fully exercise his rights, and the appropriate procedural norms were not followed during the case consideration.
The plaintiff believes that the decision is unlawful because it was made in violation of material and procedural law and therefore should be annulled.
Task:
- Challenge the unlawful actions of the police and the decision on the administrative offense.
- Annul the decision due to violations of material and procedural law.
- Restore the plaintiff's rights, including the right to a fair hearing and procedural compliance.
Steps Taken:
Analysis of circumstances: A thorough analysis of the situation, including the vehicle stop, the protocol compilation, and violations of established procedures.
Identification of violations: Identification of the facts of forgery of the decision and other violations that occurred during the process.
Appeal in court: Preparation of a claim to court requesting the annulment of the unlawful decision and the restoration of the plaintiff's rights.
Decision and results: The plaintiff files a lawsuit requesting the annulment of the decision made with violations. The court considers the case, evaluating the provided evidence and circumstances indicating the unlawful actions of the police.
This case demonstrates the importance of respecting drivers' rights during the processing of administrative materials. Failure to adhere to procedures and falsification of facts may lead to the annulment of unlawful decisions and the restoration of citizens' rights. A fair and reasoned process for handling administrative cases is the foundation of justice and human rights in Ukraine.
