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Published: 19 January 2014
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The Act (ref : http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_2?id=&pf3516=3855&skl=8
includes the introduction of automatic photo- and video evidences of following violations of laws related with road safety:
-Exceeding speed limits,
- Driving despite of prohibited traffic signal;
- Driving on the sidewalks or pedestrian ways;
- Driving on oncoming traffic ;
- driving through railway-crossings.
Accordingly to changes of law, in the case of photo - and / or video fixation of one of the above written offenses, traffic police officer on the basis of an automated information system searches a person, who is the OWNER of such vehicle. And OWNER within 10 days from the date of receiving an bill with fine HAS to pay such a fine or appeal this decision at court, namely, to approve that his VEHICLE was taken from his possession illegally by others persons OR TO APPROVE PERSON (WITH NAMES AND EVIDENCES) which person drove the CAR!
In this case this violation will be billed with minimum amount of fine, which is written for such violation, and if the person pays the fine, specified in such order, within 5 days of receiving - such amount of the fine will be reduced by half, so within 5 days from the day of receiving we may pay ONLY 50% of amount of fine!
“Lawsmakers” did not forget to add and correct articles in Administrative Code (14-2, 122, 123) which change the SUBJECT of administrative offences - so NOT PERSON WHO DOES ILLIGAL ACTION, also simply OWNER, if he will not approve another.
In such cases we advise you to choose qualified legal assistance and to defend your constitutional rights at court, because one basic principles of ukrainian law is, that NOBODY HAS AN OBLIGATION TO APPROVE ITS INNOCENCE!
According to the second part of Article 10 of the Law of Ukraine "About Police in Ukraine " - police is obliged to establish the identity of the offender!
According to Article 9 Administrative Code - the duty of the state is to organize authorities for identifying person who commits an administrative offense.
AND finally, according to Article 62 of the Constitution of Ukraine PERSON is presumed innocent of a crime and can not be subjected to criminal punishment UNTIL his guilt is not approved in a legal procedure at a court!!
Nobody is obliged to prove his innocence!
Although the Basic Law of Ukraine did not directly establish the presumption of innocence in the administrative offense, however, the principle of the innocence FULLY applies to persons who are charged with administrative offenses.
Last attempt of rada to changing this basical legal principles was also not successful - this attempt was approved not being legal by Constitution Court (№ 1-34/2010)
http://www.ccu.gov.ua/uk/doccatalog/list?currDir=125611
The law will come into force one month after publishing.
We highly recommend you to defend your constitutional rights, if its necessary even till complaint at constitutional court of ukraine.