February 6, 2026
On February 4, 2026, the Second Senate deliberated upon the constitutional complaint filed by Nataliia Riabets regarding the constitutionality of Article 14-3.1 of the Code of Ukraine on Administrative Offenses (hereinafter, the “Code”) during an publlic plenary session in the form of written proceedings.
During the plenary session, Judge-Rapporteur Viktor Gorodovenko presented the content of the constitutional complaint and the applicant's arguments, and also reported on the progress of the case in the courts of the judicial system.
The judge-rapporteur noted that, in accordance with Article 14-3.1 of the Code, administrative liability for offenses in the field of road transport safety 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.
The subject of the right to a constitutional complaint considers that Article 14-3.1 of the Code is unconstitutional because it violates the fundamental principle of individualization of legal responsibility of a person, enshrined in Article 61.2 of the Constitution of Ukraine.
Justifying the unconstitutionality of the contested provision, the author of the petition notes that the responsible person (natural person or head of a legal entity) under whose name the vehicle is registered may not be the same person as the offender. At the same time, according to Article 61 of the Constitution of Ukraine, the responsibility of a person is individual in nature and is applied in accordance with the law, provided that the offense was committed directly by that person.
After examining the case materials, the Court proceeded to in-camera part of the plenary session to deliver its decision.
The plenary session was attended by Maksym Dyrdin, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine.
A video recording of the plenary session is available on the Court's official website under the heading “Archive of video broadcasts of sessions.”
