LAW IN FOCUS

  • Date: 06.05.2021
  • Practices: White Collar Сrimes, Labor law
  • Industries: Banks, insurance, leasing and financial companies, The participants of the real estate market, IT / TMT, Industrial and Production Companies, Medical, Pharmaceutical, Research, Companies, Logistic companies /car dealers, Agricultural Companies

STRENGTHENING THE LIABILITY FOR DRUNK DRIVING

From March 17, 2021 the liability for driving while intoxicated has been strengthened once again.

The main thing that deserves attention is as follows:

- It is clearly stated that the driver shall present the documents in a way that will allow the police officer to read and record the data contained in these documents.

- It is possible to use the electronic driver's license and vehicle registration certificate (thanks to "DIIA"!).

- Increasing the amount of fine established by Article 130 of the Code of Ukraine on Administrative Offences (from UAH 10 200 to UAH 17 000 for the first time offence, from UAH 25 500 to UAH 34 000 for the second time offence during the year and introducing a fine of UAH 51 000 for the third time offence during the year).

- In addition to the fines mentioned above the violator will be deprived of the right to drive (for one, three and ten years accordingly);

- The second and third similar offence mentioned above within one year may entail administrative arrest (for ten and fifteen days accordingly) instead of a fine.

- For the second offence mentioned above within one year the vehicle may be seized for a fee (i.e. forcibly sold at auction and the funds received from the sale are returned to the owner).

- For the third offence mentioned above within one year the vehicle owned by the violator is confiscated (seized for free and becomes the property of the state).

- The terms of consideration of the case in court have been increased from three months to one year. Therefore, now it will be almost impossible to avoid liability due to expiration date. The only way is to die (joke).

- Examination for the state of intoxication by the police officer will be carried out with mandatory video recording. The video recording must be attached to the protocol on an administrative offence. Witnesses are only needed if video recording of events is not possible.

- When stopped, the driver must stay in the car and keep his/her hands within eyeshot of the police officer and get out of the car only at the request or permission of the police officer. That's why you don't need to run out of the car and meet a police officer since such actions may be misunderstood and interpreted as resistance or non-compliance with the requirements of the police officer (a separate administrative offence).

- The Criminal Code now provides for separate liability for accidents caused while intoxicated if there are victims. There is only one type of punishment for this - imprisonment and the use of suspended sentence with probation period is not allowed. Thus, it is really impossible to avoid imprisonment.

Therefore, we recommend you to drive a car only in a sober state or to use the "sober driver" service without hesitation.

(Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Strengthening of Liability for Certain Offences in the Sphere of Road Safety" No. 1231-IX of February 16, 2021).

Kyrylo Kazak

Partner

KPD Consulting

 

 

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Kyrylo Kazak (k.kazak@kpdconsulting.com.ua). We will be pleased to assist You. The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.