As is known, the Constitutional Court recently ruled that traffic police officers do not have the right to collect fines directly at the scene of a violation. The State Traffic Inspectorate, in turn, stated that the media and citizens of Ukraine misinterpreted this decision.
The position of the State Traffic Inspectorate:
"The adopted court decision in no way limits or prohibits the drawing up of protocols on administrative offenses in the field of road safety, nor does it recognize as unlawful the actions of inspectors of the State Traffic Inspectorate of the Ministry of Internal Affairs when issuing rulings at the place of the offense.
It should also be noted that the constitutional rights of a person brought to administrative responsibility are not violated by current legislation and are guaranteed by the provisions of Article 288 of the Code.
According to Article 276 of the Code, cases of administrative offenses are considered at the place of their commission, and those provided for in Articles 80, 81, 121–126, 127-1–129, parts one to four of Article 130, and Article 139 may also be considered at the place of registration of vehicles or residence of violators.
In confirmation of this, Article 222 of the Code indicates that on behalf of internal affairs bodies (police), the following are authorized to consider cases of administrative offenses and impose administrative penalties:
- for offenses provided for in Articles 80 and 81 (regarding exceeding the standards for the content of pollutants in exhaust gases of vehicles), Article 124-1, parts two and three of Article 126, part three of Article 127, Articles 128–129, Article 132-1, parts six and eleven of Article 133-1, parts one to three of Article 140 — the head or deputy head of a department (division, directorate, department), commander or deputy commander of a separate unit of the Ministry of Internal Affairs of Ukraine that ensures road safety, head of the internal affairs department or a person performing their duties;
- for offenses provided for in parts one, two, three, five, and six of Article 121, Articles 121-1, 121-2, parts one to three of Article 122, parts one and two of Article 123, Article 125, part one of Article 126, parts one and two of Article 127, parts three, eight, nine, and ten of Article 133-1 — employees of the relevant units of the Ministry of Internal Affairs of Ukraine that ensure road safety and have special ranks.
Therefore, inspectors of the State Traffic Inspectorate of the Ministry of Internal Affairs of Ukraine, drawing up protocols and issuing rulings at the place of the offense, act within the current norms of administrative legislation."
