In this article, we would like to draw your attention to the time limits for bringing administrative liability. These time limits are often violated, and citizens are unjustifiably brought to administrative liability.
General time limit for bringing administrative liability
Article 38 of the Code of Ukraine on Administrative Offenses (hereinafter referred to as the CUAO) defines the time limits for imposing administrative penalties.
In cases considered by the court, the general time limit for bringing administrative liability is two months from the date of the offense. If the offense is ongoing, this period is two months from the date of its discovery. For cases considered by the court, as a general rule, the period for bringing administrative liability is three months from the date of its commission or the date of discovery (in the case of an ongoing offense). However, according to current legislation, there are exceptions to the general rule when the period for bringing administrative liability is more than 2-3 months from the date of its commission/discovery, which may reach one year from the date of its commission or more.
Thus, for violations by conscripts, persons liable for military service, and reservists of the rules of military registration (Article 210 of the Code of Administrative Offenses), as well as violations of the legislation on defense, mobilization preparation, and mobilization, for which liability is provided for in Article 210-1 of the Code of Administrative Offenses, the period for bringing administrative liability is three months from the date of the offense (in the case of a continuing violation, from the date of detection), but no later than one year from the date of its commission.
If your rights are violated or you need legal advice, you can contact our qualified lawyers in Kyiv. We will provide professional legal support and comprehensive explanations regarding your question.
Special term for bringing administrative liability
Please note that the special term for bringing administrative liability may range from six to twelve months.
Thus, in cases of domestic violence and violence under Articles 173-2 and 173-6 of the Code of Administrative Offenses, administrative penalties may be imposed within six months from the date of the relevant offense.
In cases of offenses related to corruption and petty theft of another person’s property (Article 51 of the Code of Administrative Offenses), administrative penalties may be imposed within six months from the date of their discovery, but no later than two years from the date of their commission.
For offenses related to illegal crossing or attempted illegal crossing of the state border of Ukraine (Article 204-1 of the Code of Administrative Offenses) and violation of the procedure for entry into and exit from the temporarily occupied territories of Ukraine (Article 204-2 of the Code of Administrative Offenses), administrative penalties may be imposed within three months from the date of their discovery, but no later than one year from the date of their commission, and in the case of such offenses committed by foreigners or stateless persons in respect of whom a decision on forced return or forced expulsion from Ukraine has been taken in accordance with the procedure established by law, within the time necessary for their departure from Ukraine, but no later than the deadline specified by law for the departure of these persons from Ukraine or ensuring their forced expulsion from Ukraine.
For driving vehicles while intoxicated, for which liability is provided for in Article 130 of the Code of Administrative Offenses, an administrative penalty may be imposed within one year from the date of its commission.
For committing offenses related to violations of procurement legislation, for which liability is provided for in Parts 3-6 of Article 164-14 of the Code of Administrative Offenses, an administrative penalty may be imposed within one year from the date of its discovery, but no later than two years from the date of its commission.
For offenses related to failure to comply with the lawful requirements of a People’s Deputy of Ukraine, the Accounting Chamber, and members of the Accounting Chamber, for which liability is provided for in Parts 1-4 of Article 188-19 of the Code of Administrative Offenses, an administrative penalty may be imposed within one year from the date of its commission.
For offenses involving violation of the right to information and the right to appeal, for which liability is provided for in Parts 12-13 of Article 212-3 of the Code of Administrative Offenses, administrative penalties may be imposed within one year from the date of the offense.
Also, in the event of the closure of criminal proceedings, but if the actions of the offender show signs of an administrative offense, administrative penalties may be imposed no later than three months from the date of the decision to close the criminal proceedings.
Terms of disciplinary liability
Article 15 of the Code of Administrative Offenses provides for the liability of military personnel and other persons subject to disciplinary statutes for committing administrative offenses. Military personnel, conscripts, and reservists during training, as well as other persons belonging to this category, are persons in command positions in the National Anti-Corruption Bureau of Ukraine, the Economic Security Bureau of Ukraine, rank and file and senior officers of the State Criminal Enforcement Service of Ukraine, the Civil Protection Service, the State Bureau of Investigations, and police officers are liable for administrative offenses under disciplinary statutes.
Disciplinary penalties shall be imposed no later than 10 days from the date when the commander became aware of the offense, and in the case of an official investigation, within one month from the date of its completion. However, penalties cannot be imposed after 6 months from the date of detection of the offense.
Taking into account the provisions of the Constitution of Ukraine, according to which no one can be held legally responsible twice for the same offense, as well as the provisions of the Code of Administrative Offenses, according to which administrative responsibility for offenses arises only if these violations do not entail criminal responsibility, it is currently impossible to hold a military serviceman administratively liable under Article 172-11 of the Code of Administrative Offenses (unauthorized absence from a military unit) during the period of martial law, because during martial law, unauthorized absence from a military unit or place of service by a military personnel is subject exclusively to criminal liability under Article 407 of the Criminal Code of Ukraine.
If you have been unjustifiably brought to administrative responsibility and wish to appeal these decisions on the imposition of fines, you can contact our law firm.
For more detailed legal advice on the terms of administrative liability, we recommend that you seek legal services in Ukraine from the professionals at the Persha Yuridichna law firm, who will help you!
Fill out the application form on the website right now or call one of the following numbers: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.