12 December 2025
On December 11, 2025, the First Senate of the Constitutional Court of Ukraine deliberated the case upon constitutional complaints filed by Vitaliy Hasyak, Serhiy Dinyak, and Vitaliy Maklashevskyi regarding the compliance of Article 143.1, Article 1321.2, Article 258.8, and Article 2795.4 of the Code of Ukraine on Administrative Offenses (hereinafter, the “Code”) with the Constitution of Ukraine (constitutionality).
In the opinion of the subjects of the right to constitutional complaint, Article 143.1 of the Code does not comply with the Constitution of Ukraine, as it violates the principles of individualization of legal responsibility and the presumption of innocence of a person, and the establishment of excessive penalties by Article 1321.2 of the Code is unjust and disproportionate.
The Judge-Rapporteur in the case was Oleksandr Petryshyn.
Following the review, the Court adopted Decision No. 7-r(I)/2025, which declared Article 143.1 and Article 1321.2 of the Code as constitutional.
In accordance with Article 143.1 of the Code, administrative liability for offences in the field of road transport safety, provided for, in particular, by Articles 1321.2, 1321.3 of the Code, recorded automatically, shall be borne by the responsible person – the natural person in whose name the vehicle is registered, and if information about the proper user of the relevant vehicle is entered in the Unified State Register of Vehicles, the proper user of the vehicle, and if, at the time of the request, there is no information in the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Organizations about the head of the legal entity under which the vehicle is registered, the person who exercises the powers of the head of such legal entity.
According to Article 1321.2 of the Code, exceeding the size and weight limits established by law when driving large and heavy vehicles on motorways, streets, or railway crossings shall result in the imposition of a fine <...>.
The Court terminated the constitutional proceedings in the case concerning the constitutionality of Article 258.8 and Article 2795.4 of the Code due to the appeal to the Court being filed by an improper subject.
Having examined the issues raised in the constitutional complaints, the Court noted that the subject of constitutional control in this case is Article 143.1 and Article 1321.2 of the Code.
The Court considers that Article 143.1 of the Code establishes a presumption of fact, according to which the person responsible at the time of the offense is prima facie (at first glance) considered to be the person who was driving the vehicle. Such regulation is justified in view of the damage that may be caused by vehicles allowed to operate in excess of the dimensional and weight control standards, and is consistent with the need to ensure road safety and safety in motor transport, and to protect the interests of society and the state as a whole. This presumption may be rebutted by the responsible person in the manner prescribed by law within the framework of administrative procedures or in court.
The court emphasises that vehicle owners or their authorized representatives are obliged to conscientiously and strictly comply with the rules and restrictions on vehicle dimensions and weight established by current legislation in the field of road transport safety. The operation of vehicles must not cause harm to other road users, society, or the state.
The legislative mechanism for bringing a responsible person to administrative responsibility in the field of road transport safety, established in particular by Article 1321 .2 of the Code, in the opinion of the Court, is aimed at ensuring a balance between the need to prevent offences in this area and ensuring human rights and freedoms during the application of relevant administrative procedures, and is therefore a proportionate means of preventive control, has a legitimate aim, and is consistent with international standards of liability for administrative offenses in the field of road traffic and road transport safety.
