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This Act (ref : http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=54673

contains the introduction of automatic photo- and video-evidence of the following offenses related with road safety referred to article 122 and 123 of the Code of Administrative Offences, in particular

- Exceeding speed limits,

- Driving despite of prohibited traffic signal;

- Driving on the sidewalks or pedestrian paths;

- Driving on oncoming traffic ;

- Violation while driving through railwaycrossings.

Accordingly, in the case of photo - and / or video fixation one of the above offenses, national police officer on the basis of an automated information system may search a person who is OWNER of such vehicle.  And OWNER within 30 days from the date of receiving such order/accuse (postanova) with fine HAS to pay a such fine or to appeal against this decision at court, namely, to approve that his VEHICLE OR STATE NUMBER OF VEHICLEwere taken from his possession illegally by others persons. So, by this law the owner of the car is being made basically responsible for all illegal acts which are being done with his car!!

As result, the owner will be free from liability, ONLY if he approves that his vehicle or  number of vehicle were taken from his possession illegally by other persons OR  if, within 14 days of receiving of order by owner of car,  person, which drove the vehicle at that time  hen offense was done by him WILL declare that such offense is done by him!  

In case if fine will be paid within 5 days from the day of receiving we may pay ONLY 50% of amount of fine!   

“Lawmakers” did not forgot to add and correct articles in Administrative Code  (14-2, 122, 123) which changes the SUBJECT of administrative offences  -  so  NOT PERSON WHO DOES ILLIGAL ACTION, also simply OWNER, if I will not approve another!  BUT WHY  SHOULD I prove MY innocence ?  

According to Article 9 Administrative Code - the duty of the state is to organize authorities for identifying person who commits an administrative offense.

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 aprove in a legal procedure!!

Nobody is obliged to prove his innocence of a crime - its basic right of citizens, guaranteed by constitution of ukraine ! ! ! .

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 " lawmakers" were also unsuccessful - such rule was approved like unconstitutional by Constitution Court (№ 1-34/2010)



Prolongation of possible arresting of persons concerning investigations of administrative offenses:

Also according to this law the period of administrative detention of a person (if an offense for which an administrative arrest is committed)  is increased -  from 3 to 24 hours.

Introduction of penalty system/register with administrative offenses in street traffic:

Also, penalty points-register will be introduced. Every citizen HAS RIGHT to use penalty points for offenses which are fixed in automatic way (150 points FOR every calendar year-every offense of cases of Art.122 and 123 Administrative penalty counts 50 points!). In the case of fixing offenses in the automatic way, from the total number of 150 points will be deducted penalty points according to number of violations article of the Administrative Code. So fines will be done just AFTER finishing this"start value". However police is not obliged to inform citizens about the actual balance of his "penalty account" - information has to be proactively demanded by the citizen!

Such “Law” will come into force after publishing…or will might be vetoed by President of Ukraine. Or till it would be cancelled by Constitutional Court of Ukraine.

UPDATE 06.08.2015: This law was now signed by president and will come into force after publishing. We recommend citizens, which will receive fines by using this law to take qualified legal assistance.