RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of June 11, 2004 No. 11

About the single questions arising in case of application of regulations of Art. 276 of the Code of Ukraine by courts on administrative offenses

Due to the questions arising in court practice concerning the place of consideration of the case about administrative offense and for the purpose of ensuring identical and correct application by courts of regulations of Art. 276 of the Code of Ukraine on administrative offenses (further - КУоАП) the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that according to p.1 Art. 276 КУоАП cases on administrative offenses are considered in the place of their making.

According to the p. 2 of Art. 276 КУоАП of case on administrative offenses, responsibility for which is provided by Articles 121, of 122, 122-1, 122-2, 123, of 124, parts 1 and 2 of Art. 130 КУоАП, can be also considered in the place of accounting of vehicles or in the place of residence of violators.

2. Explain to courts what in cases when the law provides alternative cognizance (the p. 2 of Art. 276 КУоАП), question of to what court to send the protocol on administrative offense, decides relevant organ of internal affairs.

3. According to Art. 245 КУоАП the judge when considering the case about administrative offense shall timely, comprehensively, fully and objectively to find out the facts of the case and to solve it in strict accordance with the law.

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