Most claims because of the traffic on leased and unauthorised Parking.
Drivers are massively disputed the fines that they write patrol police. You can verify this by looking at the Register of judgments. Reason: more recently the court fee in such cases is not paid. Patrol say they rarely lose in the courts, though advocates say: it’s real.
Simplified procedure
As a rule, drivers do not agree with fines for wrong Parking or driving on the public transport lane. This “news” told avtoyurist Vladimir caravan. According to him, EN masse to challenge the decisions of the cops of the fines come after the clarification of the Collegium of the Supreme administrative court of Ukraine that the court fees when considering such cases is not paid.
“Before, people did not make sense to pay RS 600 court fee and sue for the penalty, for example 400 UAH. By the way, many to this day do not know it and continue to pay these fees, what is illegal”, he said, adding that now without any problems, you can seize the fines.
“Before, when I was the traffic police, the Protocol was formed and on its basis issued the decree it was the right procedure. Today it made cropped: a police officer takes a decision on imposing a fine, the Protocol is in place considers the case and issues a decision imposing a fine. And it is contrary to article 268 of the code of Ukraine on administrative violations, as in the proceedings in the shortened procedure violated the defendant’s right to counsel. In this case, the essence of the violation becomes irrelevant — there is a claim of procedural irregularity,” said Karavaev.
How to win
In the Registry of judicial decisions “News” also found the administrative case, in which the people of Kiev are contesting their fines. One of the more popular claims against a fine for driving on leased, which is 510 UAH. So, according to the registry, in January the Podolsk court reversed the penalty from Kiev for driving on the public transport lane. The court took into account that the police fined, not making the Protocol on administrative offense. But in the win drivers are not always. “Yes, it happens that the drivers win, and the courts, but this is very rare,” said us police officer Sergei.
Lawyer Ivan Lieberman confirms that to win a court case the cops difficult. “Despite the fact that today the administrative court is literally inundated with lawsuits against the police to win the case problematic. Initially, the courts are more loyal to law enforcement. They have some kind of solidarity with each other. Therefore, police believe more than ordinary citizens. But a good attorney can find mistakes in the preparation of the Protocol, plan-scheme of violations, or the testimony of witnesses — in this case, it is possible to win the court,” explained Lieberman.
According to him, recently he had a case: a woman was fined for driving on “leased”. “In court, we insisted on the fact that my client just out of the alley and was forced to drive through the lane for public transport a few meters, as other cars were not allowed it in the row. To it was attached a tape of a video recorder of the car of the accused, as well as a certificate from the National Bureau of road safety that in 16 years of driving experience, the accused has never been brought to administrative responsibility for traffic violations. As a result, the court acquitted her and the fine was canceled,” says Lieberman.
In the opinion of avtoyurist Vladimir Karavaeva, in order to avoid confusion with penalties and procedural aspects of registration of violations of PPP, is now, by analogy with the customs code, the whole sphere of road code to withdraw from administers and enter it as a separate document. “The confusion and challenging the penalties happen because we are all the time trying under the current administrative code, written in the Soviet Union, to cram the field of road traffic,” he says.
The interior Ministry did not see a problem in penalties
As has told “news” in the patrol police of Kiev, on average, one patrol crew in the capital serves about 5 lawsuits per year. Basically dispute the fines for driving on the lane to public traffic, Parking by the prohibitory stop sign, and Parking that creates an obstruction of traffic.
“We write a detailed report, and put in the testimony of witnesses and the data of photographic images violations, and then go to court. By the way, I recently received a summons to court by one of such cases. Already preparing,” says the patrol.
Meanwhile, the interior Ministry has serious problems in this situation do not see. “I would not say that contesting traffic fines is systemic. Especially, if to speak about successful lawsuits. Perhaps the law in this area and is in need of adjustments, but take sphere of the administrative code is hardly appropriate,” — said “news” the adviser to the interior Minister Ivan Varchenko.
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