Administrative penalties during martial law can be canceled with a gamuz, postponing the consideration of relevant cases by the courts until after the war. This is provided for by an amendment to bill No. 7404, supported by the Verkhovna Rada Committee on Law Enforcement for the second reading..
It is proposed to establish that during the period of martial law, the terms for imposing an administrative penalty, established by Article 38 of the Code of Administrative Offenses, stop until the day of termination or cancellation of martial law.
It is also possible to stop the trial of cases of administrative offenses.. And to provide that during the operation of martial law, if there is no objective possibility of considering a case on an administrative offense within the time limits established by law, the period for considering the case is stopped. On the suspension of the term for consideration of the case on an administrative offense, the court issues an appropriate ruling.
In addition, the procedure for notification of the consideration of a case on an administrative offense during martial law may be changed..
It is assumed that during the operation of martial law, if there is no objective opportunity to ensure the notification of persons participating in the proceedings on an administrative offense in the manner prescribed by this Code, such persons may be notified of the date, time and place of the consideration of the case by telephone, electronic.
At the same time, the proper confirmation of the receipt by the person of a message about the date, time and place of the consideration of the case is the signature of the person about the receipt of the message, including on the postal message, a video recording of the delivery of the message to the person, any other data confirming the delivery or delivery of the message to the person or familiarization. persons with content. It is not clear, however, how other data can be found to confirm the fact of reporting the offender's case..
Recall that administrative penalties must be imposed within 2 months after the offense was committed..
An administrative offense (misdemeanor) is an unlawful, intentional or reckless action or inaction that infringes on public order, property, rights and freedoms of citizens, on the established management procedure, and for which the law provides for administrative liability..
Administrative offenses are the most common types of violations.
According to statistics, one of the most common types of administrative offenses in Ukraine is driving under the influence of alcohol, drugs or other intoxication or under the influence of drugs..
And this statistic has been kept for years..