Appealing fines: how to protect your rights?

Appealing fines is a legal procedure that allows a person to seek the cancellation or reduction of a fine if it was imposed unlawfully or in violation of procedure.

According to Article 55 of the Constitution of Ukraine, a person has the right to appeal to the court if his rights and interests are violated. Thus, any fine can be appealed if, in the opinion of the fined person, it was imposed unfoundedly, unlawfully or with insufficient evidence. Appealing an administrative fine occurs in the following order:

1. Receipt of the document that is the basis for the fine (resolution).
2. Determination of the time frame within which the resolution can be appealed in a pre-trial procedure (as a rule, the period is 10 days);
3. Competent and correct execution of documents, preparation of counter-arguments, which must be supported by evidence, and timely submission to the court.

If a person is late in appealing the fine, it is necessary to petition the court for their renewal, simultaneously with filing a lawsuit. The law company “DE-JURE” for its part helps clients protect their rights in court.

Grounds for appealing fines

In order to appeal a fine, a documentary basis is required, with which an authority (in particular, the police, the State Tax Service or the Traffic Police) addresses an individual. This is usually a resolution to hold a person administratively liable in the form of a fine.
At the same time, it is important to understand the difference between a resolution and a protocol. A resolution is a kind of check issued to a person for violating administrative proceedings (for example, a military fine or a violation of traffic rules), and a protocol is evidence of an administrative offense, which is the basis for issuing a resolution to hold a person administratively liable. That is, the protocol itself does not oblige to pay a fine, but is only a written justification of the authority regarding the person’s guilt.

What role does a lawyer play when appealing fines?

There are two ways to appeal a fine. The first is an administrative (pre-trial) appeal, for which a lawyer is not necessarily needed, because theoretically a person can do it on their own. It is worth noting that the CCC is also studying and is now preparing administrative cases much better. Therefore, finding errors there on the basis of which it is possible to appeal the decision becomes more difficult. At this stage, you need a lawyer who has the knowledge, skills in drawing up documents and the authority to represent the client in court.

What documents are needed to appeal a fine?

The first thing a lawyer will need to appeal a fine is a passport and an individual’s identification code or legal entity details for concluding a legal assistance agreement. Next, the resolution, protocol, and other documents refuting the CCC’s conclusions that the client has are analyzed. The list of documents that the client must provide to a lawyer for fines may vary depending on the case, but the resolution on bringing to administrative responsibility, the protocol, and documents identifying the person, including the ID card, is the necessary minimum. It is better to provide all documents related to the fine for an administrative offense.

What fines can be appealed through the court?

Any unlawfully imposed fine for an administrative offense can be appealed through the court. The more important question is how quickly it should be done. In particular, “DE-JURE” helps to appeal the following fines:

• fines for failure to appear on a summons and violations of other military registration rules;
• fines for traffic violations (unpaid parking, speeding, etc.);
• fines for violations of environmental standards.

It is important to always carefully read all documents that are provided for signature and demand a second copy of the resolution, protocol (or at least take a picture of them on your phone).

Can I appeal a fine from the CCC?

The CCC most often issues a fine for the fact that a person did not register for military service, provided incomplete data, or did not report changes in time (moving, completing higher education, changes in health, etc.). You can appeal a fine from the CCC by filing a claim with the court within 10 days of receiving the decision. You must also pay a court fee. If more than 10 days have passed, you should request an extension of the deadlines for appealing such a decision to the court and a suspension of the execution of the decision in the executive service bodies so that card accounts are not seized for non-payment of the fine. The company “DE-JURE” has positive experience in appealing CCC fines and has won cases.

How is the appeal of fines for traffic violations carried out?

When violating traffic regulations, two scenarios are possible. The first is for minor offenses (for example, refusal to provide a document certifying the right to drive a vehicle, or the absence of such a document), a decision to impose a fine is issued immediately on the spot, and the person has the opportunity to immediately (on the spot) pay the fine. In all other cases, an appeal is possible on the basis of the decision and the protocol. The first is a protocol, which is the basis for issuing a decision on an administrative offense.

How to appeal a fine for violating environmental regulations?

As in any administrative case, the lawyer must first review the documents confirming the violation of environmental regulations and determine the time frame within which an appeal is possible. Next, he prepares the documents for the appeal, sets out the client’s position and supports it with arguments and evidence.

How is the appeal of fines for a legal entity carried out?

The procedure for appealing fines for a legal entity is the same as in the case of individuals, with the exception of some nuances in the documentation. The statement of claim must indicate the full name of the legal entity, its location, the identification code of the legal entity in the Unified State Register of Enterprises and Organizations of Ukraine, as well as means of communication, e-mail address, information on the presence or absence of an electronic account.

Popular questions

What fines cannot be appealed?

Any fines for administrative offenses can be appealed administratively or in court. It is worth filing a lawsuit to appeal a fine if the pre-trial hearing was not successful or the administrative appeal period has already expired.

How much time is there to appeal a fine?

A person has 10 days to appeal a decision of the CCC on bringing a person to administrative liability in court. If he acted irresponsibly and missed this deadline, he can appeal the fine only in cases where there are insurmountable objective circumstances that must be proven in court. Then the court will renew the deadline for appealing the decision on bringing a person to administrative liability and open proceedings in the case.

What to do if the court refuses to appeal the fine?

If the court refuses to appeal the fine, it is necessary to file an appeal. A person is not obliged to pay the fine before the decision to bring him to administrative liability enters into force. According to the general rules of Ukrainian judicial procedure, this occurs from the moment the deadline for filing an appeal expires. Thus, if a local court refuses to satisfy a person’s claim to appeal the decision, then accordingly he has 30 days to appeal this decision in the court of appeal, and all this time he does not receive a penalty for failure to pay the fine. Before the court of appeal issues a decision, the fine is considered uncollected.