Administrative offense, misdemeanor - an unlawful, culpable action (action or inaction) for which administrative liability is provided under the current Code of Ukraine on Administrative Offenses.
According to the legislation, for committing administrative offenses by individuals, namely citizens and foreigners, various forms of liability are provided, including fines, arrest, deprivation of certain rights or freedoms, as well as confiscation of certain property in certain cases.
The exclusive list of unlawful culpable actions of individuals is defined by the Code of Ukraine on Administrative Offenses (CUoAO).
Individuals bear administrative liability provided they have reached the age of 16 at the time of committing an administrative offense.
Special subjects of committing administrative offenses are recognized as: individuals aged 16 to 18, public officials, owners (co-owners) of vehicles, military personnel, as well as individuals subject to disciplinary statutes (police officers, etc.). Legal entities cannot commit administrative offenses.
It is possible to defend oneself during the hearing of any case of administrative offense, but it is a rather complex task even for an experienced lawyer.
During the consideration of such cases, it is necessary to prepare in advance for various scenarios, as well as to anticipate that innocence will have to be proven against the state accusation in the face of the court that will be considering the case, since most often, the parties in cases of administrative offenses are only the individual on whom the protocol for an administrative offense was drawn up and the judge authorized to hear the case.
The effectiveness of the presumption of innocence in such cases is unlikely, as the materials of the case of committing an administrative offense come from law enforcement agencies with clear signs of bias. Without swift, decisive action by a specialist in such cases, convincing the judge of your correctness is nearly impossible.
However, in addition to the innocence of the individual, a qualified attorney has the opportunity to employ other methods of defense for their client, one of which is proving the unlawfulness and groundlessness of documentation, as well as flagrant violations of instructions, orders, and procedures by law enforcement agencies, as well as legislation as a whole, during the compilation of materials on administrative offenses. This unquestionably serves as grounds for declaring evidence inadmissible and inadequate, leading to the unraveling of the case like sand slipping through one's fingers.
The legal firm "Monarch Business Consulting" advises everyone not to delay if an administrative offense protocol has been drawn up against you, and also not to attempt to resolve the situation independently, as typically each incorrect action on your part, as well as each minute you spend, distances you from the desired outcome.
free "verbal" consultation for up to 10 minutes, without document review, by appointment only, available only on Fridays.
unlimited duration verbal consultation, without document review, by appointment.
unlimited duration verbal consultation with document review, by appointment.
development, writing, and submission of claims, objections, written explanations regarding the circumstances of the case, or complaints about the actions or inaction of law enforcement personnel or officials in connection with the compilation and documentation of materials related to administrative offenses.
actions of the attorney to defend the rights, freedoms, guarantees, and interests of an individual during the consideration of a case of administrative offense by a court of first or appellate instance.
writing, drafting, and submitting an appellate complaint by the attorney against the decision of the court of first instance, as well as representing the client's interests in the appellate court during the review of the decision in the case of an administrative offense.
writing, drafting, and submitting an appellate complaint by the attorney against the decision of the court of first instance, without representing the client's interests in the appellate court during the review of the decision in the case of an administrative offense.
collecting necessary evidence, developing, writing, and submitting written explanations, complaints, requests, etc., by the attorney, as well as the attorney's participation in the judicial process to defend the client's rights during the hearing of a case of administrative offense by a court of first instance, or similar necessary actions by the attorney for the annulment of the decision during the review of the case by an appellate court.
the service cost does not include transportation expenses, travel costs, postage expenses, and court fees.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicing attorney in Ukraine, the founder and manager of the law firm "Solohub and Partners". He is a former civil servant who previously served as an assistant to a judge in the criminal cases and administrative offenses chamber of the Vinnytsia Court of Appeal for over 4 years. He is also a reserve officer with the rank of lieutenant in the ground forces of the Armed Forces of Ukraine and is fluent in English.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, and the interests of citizens, foreigners, or stateless persons in the fields of migration, criminal, and military law. He skillfully provides defense and legal assistance in cases of administrative offenses.
- The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicing attorney in Ukraine, the founder and manager of the law firm "Solohub and Partners". He is a former civil servant who previously served as an assistant to a judge in the criminal cases and administrative offenses chamber of the Vinnytsia Court of Appeal for over 4 years. He is also a reserve officer with the rank of lieutenant in the ground forces of the Armed Forces of Ukraine and is fluent in English.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, and the interests of citizens, foreigners, or stateless persons in the fields of migration, criminal, and military law. He skillfully provides defense and legal assistance in cases of administrative offenses.
- The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
In general, our attorneys practice in the cities of Vinnytsia, Kyiv, and Odesa, as well as their respective regions. However, in case of need and agreement between the parties, your defense can be conducted in other cities of Ukraine as well.
Most often, as professionals in our field, we are approached with the need for defense against the majority of the most common administrative offenses, namely:
- Article 51 of the CUoAO, which relates to petty theft of someone else's property;
- Article 85 of the CUoAO, which relates to violations of rules regarding the use of objects from the animal kingdom;
- Article 124 of the CUoAO, which pertains to violations of traffic rules resulting in damage to vehicles, cargo, roads, streets, railway crossings, road structures, or other property;
- Article 126 of the CUoAO, which deals with driving a vehicle by a person who lacks the necessary documents to operate such a vehicle or who fails to present them for inspection, or regarding a person subject to temporary restrictions on the right to drive vehicles;
- Article 130 of the CUoAO, which concerns driving vehicles by individuals under the influence of alcohol, narcotics, or other intoxicants, or under the influence of medicinal products impairing their attention and reaction speed, as well as transferring control of a vehicle to a person in a state of intoxication or under the influence of such medicinal products, and also the refusal of a person driving a vehicle to undergo an inspection for the presence of alcohol, narcotics, or other intoxicants or regarding the use of medicinal products affecting attention and reaction speed in accordance with the established procedure;
- Article 164 of the CUoAO, which involves violations of the procedure for conducting economic activities;
- Article 173 of the CUoAO, which covers minor hooliganism;
- Article 173-2 of the CUoAO, which pertains to committing domestic violence, violence based on gender, failure to comply with an urgent restraining order, or failure to report the location of temporary residence;
- Article 187 of the CUoAO, which deals with violations of administrative supervision rules.
In addition, attorneys from our legal company will provide guaranteed legal assistance and consultations regarding any administrative offense, methods and means of defense against accusations for such offenses, or options for legally avoiding liability for committing them, as provided by the current legislation of Ukraine.
