From 1 June 2020, Ukraine has a system for recording violations of traffic rules in automatic mode for non-compliance with the speed limit of road transport. The system will be improved and over time will detect other violations, including the vehicles movement in the public transport lane.
A feature of high-tech innovation is the implementation of fixation of violations of traffic rules in automatic mode. That is, the evidence collection in case of an administrative offense and decision-making is carried out without the participation of the person who potentially committed the offense, which in turn contributes its specificity to this topical issue of drivers and car owners.
Thus, for interested persons, the most important criteria in this category of cases will be awareness of the fact of fixing an administrative offense and making a decision in such a case.
Many articles are published in the media on introduction the new way of recording offenses, results and means of bringing individuals and legal entities to administrative responsibility. That is why in this publication we want to focus on the most pressing issues of interest to ordinary drivers and car owners who do not have qualified legal experience in supporting cases of administrative offenses.
AWARENESS is the main criterion!
Location of equipment that fixes offenses automatically according to the Ministry of Internal Affairs:
– location updates are widely covered in media.
It should be understood that the average driver will not understand the parameters of automatic locking systems such as equipment range, the ability to qualitatively identify the vehicle, etc., and therefore compliance with the traffic rules will remain the main criterion not to be held administratively liable.
Current legislation does not provide for administrative liability for speeding up to 20 km / h. Thus, if the vehicle is moving at a speed of 69 km / h, then such actions are already a violation of traffic rules, but liability for such an administrative offense is not provided.
In contrast to the automatic detection of offenses can operate our standard applications on the phone – navigators. The system of navigators provides early notification of the user about the “danger on the road”, which may include the operation of automatic locking equipment. Thus, using the relationship with such functionality, it is possible to avoid unnecessary hassles.
If it is not possible to prevent the commission of an administrative offense, then on the basis of registration and registration data of the vehicle a case of an administrative offense is formed, based on the results of which a decision is made to bring the person to administrative responsibility.
Who can be held administratively liable for the consequences of an administrative offense recorded in an automatic mode?
First of all, the system will form a case against the vehicle owner, because it is by this criterion that the vehicle is identified.
Provided that there is information in the accounting databases of the Ministry of Internal Affairs about the authorized persons to drive vehicle on which the administrative offense was committed, the administrative material may be formed for such a person.
If it is not possible to prevent administrative offense commission, then on the basis of registration and data registration of the vehicle a case of an administrative offense is formed, based on the results of which a decision is made to bring the person to administrative responsibility.
Who can be held administratively liable for the consequences of an administrative offense recorded in an automatic mode?
First of all, the system will form a case against the owner of the vehicle, because it is by this criterion that the vehicle is identified.
Provided that there is information in the accounting databases of the Ministry of Internal Affairs about the persons authorized to drive the vehicle on which the administrative offense was committed, the administrative material may be formed for such person.
And again we return to the most important criterion: AWARENESS = TIMELY AWARENESS!
Why is it so important to get information on time and in full?
It is no secret that most of Ukrainians today do not consider it appropriate (or not possible) to live at the place of registration, extend the validity of documents, update registration data in identity documents, permits, etc. And the most interesting – receiving mail at the post office is an event for which there is no enough time…
Thus, if a person did not receive a decision in case of an administrative offense by mail (did not know or deliberately ignored, or “did not have enough time”), then under such conditions – the decision takes effect and it is sent for the State Enforcement Agency services enforcement.
The State Enforcement Service is, in essence, a continuous problem with communication and document processing deadlines due to total congestion, lack of technical support and low salaries.
The decision consequence (which is an executive document) in the executive service is the total arrest of EVERYTHING: movable / immovable property, accounts, other assets and restrictions on certain rights). And believe the experience of specialists in the legal field – it is better not to bring the issue to the executive service.
Notify the competent authority of the presence of a person who actually drove the vehicle during the commission of an administrative offense. We do not forget about favorite sale of vehicles by “power of attorney”.
Appeal the decision in administrative or judicial proceedings if there are grounds.
Pay a fine of 50% within 10 days.
Simply pay the fine and notify the competent authority of the obligations fulfillment.
Awareness of the decision in the case of an administrative offense will significantly save your TIME and FINANCE!
DIGITALIZATION is a new Ukrainian trend of state development in a smartphone. Everyone is accustomed to using a phone (smartphone) in everyday life and for relationships of different directions.
Following current trends, objective information on the consequences of administrative offenses recorded in automatic and non-automatic mode can be obtained by alternative methods (other than going to the post office).
The following is a non-exclusive list of applications that will help keep your hand on your pulse:
Electronic driver’s office. https://hsc.gov.ua/elektronnij-kabinet-vodiya/
ACTION (state project in a smartphone). On the App Store, on Google Play.
PENALTIES.UA. On the App Store, on Google Play.
Using qualified people will not only provide objective information about the consideration of decisions in cases of administrative offenses, but also save time and money.
If the person still could not control and pay the fines, the information about the enforcement documents on enforcement must be checked on publicly available resources:
Automated system of enforcement proceedings – https://asvpweb.minjust.gov.ua/#/search-debtors.
The only register of debtors is https://erb.minjust.gov.ua/#/search-debtors.
These registers will provide information on enforcement proceedings involving a natural or legal person, both active and inactive, in which units of the State Enforcement Service such proceedings are enforced.
Everyone can understand current issues on their own, but qualified lawyers of DEGA PARTNERS guarantee a quick and high-quality solution to your problems.
In the following publications, we will more widely disclose the specifics of the support of cases of administrative offenses recorded automatically, appeal mechanisms, communication with the Ministry of Internal Affairs, the state executive service, as well as offer effective legal cases.