Problems of documenting an administrative offense, the responsibility for which is provided for in Article 130 of the Code of Ukraine on Administrative Offenses

The scientific article identifies the problems of documenting an administrative offense, the responsibility for which is provided for by Article 130 of the Code of Ukraine on Аdministrative Offenses, and proposed ways to solve them. The author carried out an analysis of statistical data based on the results of the courts of first instance regarding the consideration of cases of administrative offenses under Article 130 of the Code of Ukraine on Administrative Offenses for the year 2023. The author has researched and summarized the judicial practice of court consideration of cases on administrative offenses, the responsibility for which is provided for in Article 130 of the Code of Ukraine on Administrative Offenses, in particular, court decisions on closing proceedings in such cases due to the absence of an event and composition of an administrative offense. It has been established that in most cases, the courts state that the police officers did not properly draw up protocols and did not follow the procedure for documenting the violation. Attention is focused on the fact that signs of intoxication must be indicated in the protocol on an administrative offense in order to substantiate the grounds for the inspection. It was established that the presence of a referral for an examination of a person for intoxication from a police officer is mandatory. It has been found that missing the terms of proceedings in such cases is often the reason for closing the case before the judge. It is emphasized that mistakes in police activity occur during video recording of an examination of the state of alcohol, drug or other intoxication or being under the influence of drugs that reduce attention and reaction speed. The author emphasizes that the low legal awareness of individual police officers leads to inaccuracies in the description of the offense in the protocol on the administrative offense and the qualification of the offender's actions. It was found that the police do not always take into account the circumstances that exempt the offender from administrative responsibility. In order to improve the procedure for documenting cases under Article 130 of the Code of Ukraine on Administrative Offenses proposed to conduct an analysis of the decisions made by the courts for such cases, to identify typical errors and to conduct additional training with police officers who document such cases, for example, within the scope of official training. The author concluded that the work on defining the problems of documenting an administrative offense, the responsibility for which is provided by Article 130 of the Code of Ukraine on Administrative Offenses, is not permanent, but should be dynamic under the control of authorized persons of the National Police, who are responsible for personnel training, professional development, and professional training of police officers.