What to do if the fine for non-submission of documents has already been issued?

Anastasiia Novikova
12.07.2023 14:45 • Question

You are driving calmly in your car, and here you are stopped by the police, allegedly for violating the overtaking rules

They ask you to show documents

You refuse because of the evidence

no one gave you the offense

You receive a fine on the basis of Part 1 of Art. 126 of the Criminal Procedure Code for non-presentation of documents

But there was no violation!

What should I do in this situation? How to protect your rights?

1 Answers

Tatіana Mazur

Answer provided 12.07.2023 15:16

Thus, according to Article 35 of the Law on the National Police, a police officer can stop vehicles only in certain cases specified in this article.

You can apply to the court with a statement of claim "About the annulment of the resolution on bringing to administrative responsibility under Part 1 of Article 126 of the Criminal Procedure Code". To do this, you must prove in it that the policeman's stop was not legal and that you actually had the documents that the policeman asked you to have with you.

But first, pay the fine, because if you miss the payment deadline, it will be doubled. If you succeed in court in canceling the resolution on bringing to administrative responsibility, then the money will be returned to you.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.