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Enver ABIBULLAIEV,

Assistant Judge, the Kyiv District Court of Kharkiv

CASES, WHEN REPORT ABOUT AN ADMINISTRATIVE CRIME NOT DRAWN UP

Standard operating procedures of the public authorities, its officers, which are authorized to draw up administrative offence protocols, hear the cases of administrative offences, and bring to justice the perpetrators of these cases, are regulated by the Ukrainian Administrative Offences Code (hereinafter – the UAOC). In the cases provided for by law, notably, the provisions of article 258 the UAOC, an abbreviated trial for administrative offences is permitted. Such trial also permits fixation of the administrative offence and sanctions establishment on the offence scene without drawing up the protocol which, in accordance with the general rule, is only procedural document for the trial. An abbreviated trial in other cases, which are not provided for by law, i.e. administrative offence proceedings on the offence scene and not in the competent authority, leads to procedural guarantees and human rights violations of the person, who is being administrative processed, set forth in articles 257, 268, 277, 278, 279, 280 of the UAOC. The Act from 14.07.2015 No596-VIII has amended the article 258 of the UAOC. It provides new (additional) list of the administrative offences, which fall within the jurisdiction of the National Police, as well as the list of the administrative offences in the sphere of the road safety, which are fixed automatically and sanctions are established on the offence scene without drawing up the report, i.e. an abbreviated trial in these cases takes place. In order to use specified provisions of the UAOC by the courts of the general competence systematically, comply with jurisprudence and constitutional principles of supremacy of the law, there is therefore a need of synthesis of jurisprudence on the subject.

Key words: Protocol of an administrative offense, administrative case, abbreviated trial.

References

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