Everything about traffic fines: how to avoid, appeal, and cancel police rulings.
In Ukraine, there is a system of fines for drivers. The list and amounts of penalties for traffic violations are defined by the Code of Ukraine (KУоАП). The fine must be paid to the district State Treasury at the place of registration of the individual within 15 days; otherwise, the fine amount doubles. The amounts in the Code vary: from 34 UAH to 51,000 UAH. However, a driver has the right and time to appeal the police's decision regarding the fine.
How to appeal a traffic violation fine and cancel police rulings
To avoid a fine for violating traffic rules, one must not violate them.
At the same time, there are situations where, before leaving a yard, the person behind the wheel checks the vehicle's condition, but during the drive, a headlight burns out or the license plate gets dirty. In such cases, police officers have the right to issue a ruling to hold the driver administratively liable.
In the event of an accident, the police officer's authority is limited to drafting a report, and the court will consider the case on its merits.
Traffic Accidents: How to Appeal a Court Ruling
Unfortunately, traffic violations on the roads often lead to accidents. In the case of a traffic accident, police authority is limited to drafting a report, and the court will consider the case on its merits.
As explained by a lawyer, if a driver disagrees with the police's ruling regarding administrative liability, they have the right to appeal the police ruling in court. There is a 10-day period for filing an appeal.
It is not possible to appeal the report drafted by police officers. In this case, one will have to prove their position in court.
How to file a lawsuit in court: basic rules
The driver must file a lawsuit in the court at their registered place of residence or at the location of the authority whose ruling is being appealed.
- To substantiate the claim, the individual must document the circumstances of the case at the scene on their mobile phone to refute the ruling's arguments.
- Request recordings from surveillance cameras and body cameras of the police officers present when the ruling was issued.
- If a traffic accident occurs and vehicles are damaged, the participants can fill out an electronic European protocol at the scene, and their insurance companies will handle compensation issues, meaning the liable party will not face administrative responsibility. However, to utilize this option, both vehicles must be insured.
"It is not possible to appeal the report drafted by police officers. In this case, one will have to prove their position in court. A court ruling following the case review can be appealed in the appellate court," adds lawyer Elena Voronkova.
What is a European protocol and when is it best to use it?
In the event of an accident with minor consequences, the police recommend filling out a European protocol. This can be done without calling the police. According to the words of the first deputy head of the Patrol Police Department, Alexey Biloshitsky, the process will take a few minutes.
"Due to adverse weather conditions, the risk of getting into an accident increases. If the vehicle damages are insignificant, I recommend using the European protocol, which can be completed without calling the police, in just a few minutes," noted Biloshitsky.
Therefore, the European protocol can be used if:
- there are no injuries or fatalities;
- no material damage has been inflicted on third parties;
- the participants in the accident have valid compulsory insurance policies;
- the parties involved in the accident have reached an agreement on all circumstances of the incident;
- the drivers involved in the accident are sober;
- the amount of damages after the accident does not exceed 80,000 UAH.
According to Biloshitsky, there are several advantages to using the European protocol: there is no need to inform and wait for the police, and one can leave the accident scene immediately after filling out the European protocol, saving time.
Additionally, the driver is exempt from administrative liability, meaning their driver's license is not confiscated, the materials are not sent to court, and no fines are imposed.
How to check for fines: main methods
If you were unable to avoid a fine for violating traffic rules and such a fact indeed occurred, it is essential to know that timely payment can even save you money. There are official platforms for checking fines for traffic violations:
- the official website of the Ministry of Internal Affairs of Ukraine and the official mobile application "Traffic Fines".
Using official services, one can easily find rulings for violations. Additionally, it is possible to subscribe to receive notifications about new rulings, according to the Ministry of Internal Affairs of Ukraine.
- the application "Diia"
All information about open administrative offenses is automatically pulled into the service and is available in the relevant section. To check your history, you need to log into the application, go to "Services," select the "Driver" section — Traffic Fines. Here you will see unpaid fines and can pay them online. After the funds are credited, your case will be closed.
Open Opendatabot, enter the vehicle's registration number, and go to the "Check fines for traffic violations" menu. To check unpaid fines for traffic rule violations, send your TIN or ruling number to the chatbot. The chatbot will show all current fines, which can be settled immediately.
If payment is made within 10 days from the date of receiving the ruling (or earlier, by using the applications), only 50% of the fine amount needs to be paid.