A client approached us after patrol police officers had drawn up a report on an administrative offence under Part 1 of Article 130 of the Code of Administrative Offences, namely driving a vehicle while intoxicated.
Oleg Molchanov helped to resolve this issue.
After reviewing the decision of the court of first instance, it was proposed to appeal the decision, and an appeal was filed.
Result: The client managed to avoid a one-year driving ban and the need to pay a fine of UAH 17,000.
Key steps to take if the patrol police have drawn up a report on an administrative offence:
1. Read the report carefully before signing it.
Check the accuracy of the information: time, place, circumstances, your personal details, witnesses, evidence.
2. Make your comments.
If you disagree with the events described, write your position in the ‘Explanation of the person’ column. You have the right to write ‘disagree’ and briefly describe why.
3. Request a copy of the report.
You have the right to receive it immediately after it is drawn up. Keep it — it is an important document for appeal.
4. Record the evidence.
Photos, videos, witnesses, dashcam recordings — all of this can help if you want to appeal the report.
5. Check that the report has been drawn up correctly.
Errors in the report (incorrect data, missing signatures, lack of description of the incident, etc.) may be grounds for its cancellation.
6. Consult a solicitor (if necessary).
Especially if you are facing a large fine, loss of driving privileges, or if the report was drawn up without justification.
7. Prepare for the hearing.
The report is reviewed by a court or an authorised body. You have the right to be present, provide explanations, evidence, and file motions.
8. Appeal the decision if you disagree.
If, after review, a decision to impose a penalty is issued, it can be appealed in court within 10 days.
How to appeal a decision (ruling) in an administrative offence case in Ukraine:
1. Check the deadline for appeal.
The ruling can be appealed within 10 days of receipt.
2. Familiarise yourself with the case materials.
You have the right to obtain copies of the protocol, evidence, explanations and other documents on which the decision is based.
3. Prepare a complaint or administrative claim.
Depending on who issued the decision, it can be appealed:
- to a higher authority (for example, to the patrol police management), or
- directly to the court.
4. Clearly state the grounds for appeal.
For example:
- incomplete clarification of the circumstances,
- unproven violation,
- violation of procedure,
- incorrect drafting of the protocol,
- absence of an event or elements of an offence.
5. Add evidence.
Photos, videos, witness statements, documents, technical data — any materials that support your position.
6. Submit your complaint on time and correctly.
Include all the details: your personal information, the number and date of the decision, the essence of your claims, the grounds, and attachments.
7. Participate in the court hearing (if necessary).
You can express your position, file a motion, request to call witnesses or review the video.
8. Obtain the decision of the court or authority.
If the court overturns the decision, the penalty will not be enforced. If it is upheld, you can consider the possibility of further appeal.
Appealing a decision on an administrative offence in Ukraine is a real and effective way to protect your rights, especially if the decision was made with violations or without sufficient evidence. The main thing is to meet the deadlines, file the complaint or claim correctly, and provide well-founded arguments. Taking the right steps and preparing evidence significantly increase the chances of successfully overturning the ruling.