Implementation of protection of the person brought to administrative responsibility
According to Article 268 of the Code of Administrative Offences, a person called to administrative responsibility has the right:
- to get acquainted with the materials of the case, give explanations, give evidence, and make petitions;
- to use the legal assistance of a lawyer, other specialist in the field of law, which under the law has the right to provide legal assistance personally or on request of a legal entity, to speak in his native language and use the services of an interpreter, if he does not speak the language in which the proceedings are conducted;
- to appeal the decision in the case.
When considering cases of administrative offences provided for by paragraph one of Article 44, Articles 51, 146, 160, 172-4 – 172-9, 173, 173-2, paragraph three of Article 178, Articles 185, 185-1, Articles 1 , 187 of this Code, the presence of the person brought to administrative responsibility is compulsory. In case of evasion from appearing on summons of an internal affairs body or a judge of a district, city or city district court, this person may be subjected to a detention by the body of internal affairs (National Police).
Laws of Ukraine may also provide for other cases where the appearance of a person brought to administrative responsibility, to the body (official), deciding the case, is obligatory.
According to Article 284 of the Code of Administrative Offences, in the case of an administrative offense, the body (official) makes one of the following decisions:
- the imposition of an administrative penalty;
- on application of measures of influence provided by Article 24-1 of the Code;
- on closing the case.
A resolution to close a case shall be issued when an oral reprimand is announced, the materials are transferred to a public organization or labor collective for review or transferred to a prosecutor or pre-trial investigation body, as well as under the circumstances provided for in Article 247 of this Code.
In practice, I often meet people who do not pay much attention when an administrative offense report is drawn up against them. They say: «Oh! I’ll pay the fine and that’s it!» However, it is possible and necessary (if there are objective reasons for this) to seek an order to close the case on an administrative offense.
