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: On January 21, 2019, at around 1:00 PM, police officers stopped the claimant's vehicle near the building ADDRESS_1 for inspection. During the stop, a decision was made to review the case of an administrative offense on-site and issue a resolution imposing an administrative penalty. After issuing the resolution, the police officers provided the claimant, PERSON_1, with a copy of the resolution. However, the provided copy was completely unreadable — the text was blurry, making it impossible to understand the content of the document. Aware of the importance of having a proper copy of the resolution, the claimant verbally requested the police officers to provide a "normal copy" of the document. In response, the police officers refused, stating that no other copy would be provided and recommended the claimant to contact the Patrol Police Department in the Kharkiv region to request a copy from the original resolution.
Information about the Circumstances of the Case: The claimant believes that the entire situation constitutes a violation of his rights. The case was reviewed illegally at the location of the vehicle stop, which does not comply with the requirements of legislation concerning administrative processes. By providing a copy of the resolution, the police officers violated the claimant's right to obtain a document whose content could be understood and used for possible appeal. The refusal to provide a proper copy of the resolution further complicated the situation, as the claimant was unable to retain a properly executed copy of the resolution for future actions. Thus, if the claimant wished to appeal the resolution, it would have been extremely difficult for him to do so, as he did not have a readable document in hand.
Problem:
The claimant asserts that the case was unlawfully reviewed at the vehicle stop, contrary to current legislative norms. In particular, the claimant points out the following violations:
- Unlawful review of the case at the location of the vehicle stop: According to current legislation, an administrative offense should not be reviewed directly at the vehicle stop unless there are serious grounds for it. In this case, no sufficient grounds were provided for the immediate review of the case, casting doubt on the legality of this step.
- Violation of the right to obtain a proper copy of the document: The claimant did not receive a readable copy of the resolution, violating his right to familiarize himself with the case documents and the possibility of appealing them. The text on the provided copy was completely unclear, preventing normal perception of the resolution.
- Refusal to provide a proper copy: When the claimant requested a readable document, the police officers refused and advised him to contact another agency to obtain a copy from the original. This action violated the claimant's right to access accurate information and use it to protect his rights.
Task:
- Appeal the unlawful review of the case at the vehicle stop, which violates procedural norms.
- Appeal the resolution imposing the administrative penalty, issued based on the unlawful review of the case, particularly due to the lack of valid grounds for issuing it on-site.
- Declare the resolution invalid due to the violation of the claimant's rights to obtain a proper copy of the document.
- Restore the claimant's rights, including the right to a fair process and access to proper copies of documents.
Steps for Execution:
Analysis of the circumstances:
The first step is to carefully analyze the situation, including the facts that led to the vehicle stop, the unlawful review of the case without proper procedures, and the refusal to provide a readable document. It is also important to examine the administrative process norms regarding the review of cases on-site and the provision of copies of resolutions.
Identification of violations:
It is necessary to document in detail the violations related to the unlawful review of the case, the refusal to provide a readable document, and the infringement of the claimant's rights. This includes non-compliance with the requirements for providing a proper copy of the resolution.
Appeal in court:
Preparing a lawsuit in court, which will demand the cancellation of the unlawful resolution and the restoration of the claimant's rights to access proper copies of documents. The appeal should also include a demand to recognize the review of the case at the vehicle stop as unlawful.
Decision and Results: The claimant files a lawsuit in court, challenging the unlawful review of the case at the vehicle stop and the improper issuance of the resolution imposing the administrative penalty. The court considers the evidence provided, including the unlawful review of the case without valid grounds and the violation of the claimant's rights through the refusal to provide a readable document. In the event of a positive decision, the court cancels the resolution and restores the claimant's rights, including the right to receive a proper copy of the resolution and the ability to appeal it.
This case highlights the importance of following legal procedures when handling administrative materials and the need to ensure citizens' rights to access proper copies of documents. Violations of these procedures may lead to the cancellation of unlawful resolutions and the restoration of individuals' rights, which is an essential component of justice and due process in Ukraine.
