The court overturned the ruling on an administrative offense due to a violation of the individual’s right to defense
The team at the “Ester Guardians” Law Firm successfully defended the client’s rights in Case No. 676/1781/26, which involved an appeal against an administrative commission’s ruling imposing administrative liability under Part 1 of Article 179 of the Code of Administrative Offenses.
On June 9, 2026, the Kamianets-Podilskyi City and District Court of Khmelnytskyi Oblast granted our client’s petition, reinstated the deadline for appealing the administrative commission’s ruling, overturned the ruling imposing administrative liability, and dismissed the case.
The essence of the dispute was that the administrative commission had considered the case and issued a decision imposing a fine in the absence of the person subject to administrative liability. Furthermore, the administrative case file contained no adequate evidence that the client had been timely notified of the date, time, and place of the hearing.
During the court proceedings, all available evidence was examined in detail: the materials of the administrative case, video recordings from police body cameras, written documents, statements from the parties, and witness testimony. The court found that the individual had not, in fact, been properly notified of the administrative commission’s hearing and had received the relevant notification only after the ruling had been issued.
In its decision, the court emphasized that the individual’s right to be present during the hearing of an administrative offense case and to provide explanations
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