September 13, 2023
On September 13, 2023, at the public part of the plenary session, the First Senate considered the case upon the constitutional complaint of Vitalii Hasiak regarding the constitutionality of Article 143.1 of the Code of Ukraine on Administrative Offences (hereinafter referred to as the Code).
As noted by the Judge-Rapporteur in the case, Oleksandr Petryshyn, the complainant filed a request with the Constitutional Court of Ukraine to verify the constitutionality of the Code’s provision, according to which administrative liability for offences in the area of motor vehicle safety provided for in Article 122-2.2, Articles 1321.1 and 1321.2 of this Code, recorded by means of photography, cinematography, video recording, including in automatic mode, shall be borne by the responsible person - the individual in whose name the vehicle is registered <...>.
The Judge-Rapporteur informed that Vitalii Hasiak was brought to administrative liability for committing an administrative offence pursuant to Article 1321.2 of the Code, according to which “exceeding the dimensional and weight standards established by the law when driving large and heavy vehicles on roads, streets or railway crossings shall be sanctioned by a fine”. An administrative fine of 34 thousand UAH was imposed on the complainant.
Disagreeing with the ruling that had been delivered in his case, the complainant appealed to the first instance court, where the court dismissed his claim to annul the ruling. The court of appeal dismissed the complaint's appeal and upheld the decision of the first instance court. In its ruling, the court stated, inter alia, that the Unified State Register of Vehicles did not contain information about the proper user, which the applicant had been required to provide.
According to the author of the complaint, Article 143.1 of the Code is not consistent with the Constitution of Ukraine, as it violates the principle of individualisation of legal responsibility and the presumption of innocence.
During the session, the Judge-Rapporteur informed that to ensure a full and objective consideration of the case, certain requests had been sent to the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the State Service of Ukraine for Transport Safety, as well as to a number of higher education and scientific institutions.
In this case, the Court proceeded to the in-camera part of the plenary session to deliver its Decision.
The plenary session was attended by the representative of the subject of the constitutional complaint Nadiia Shchadey and the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Maksym Dyrdin.
The public part of the plenary session can be viewed on the Court's official website at the following link: https://ccu.gov.ua/kategoriya/2023.