In appellate court of the Nikolaev area are surprised with legal lack of information of the assistant prosecutor of the city S. Shalyuta. About it reports a press - service of appellate court of the Nikolaev area.
We will remind,"Crime. Is NOT PRESENT"wrote about that the Nikolaev prosecutor doesn't advise drivers to hurry to carry out the resolution vessels.
"In particular, in the article the assistant prosecutor specifies that in resolutions of court is noted that they aren't subject to the appeal. This order existed … till November 17, 2008, until coming into effect of the Law of Ukraine No. 586-VI of September 24, 2008 "About modification of some acts of Ukraine concerning improvement of regulation of the relations in the sphere of safety of traffic". This Law introduced an appeal order of the appeal of the resolution of the judge (court) in case of an administrative offense", - the press - service of appellate court of the Nikolaev area is told in the message.
So, according to Art. 294 КУоАП the appeal complaint, an appeal protest of the prosecutor move in the relevant appellate court through local court which took out the resolution about what it is noted in resolutions of vessels of the first instance. Appeal revision is carried out by the judge of trial chamber of appellate court on criminal cases.
As reports a press - service of appellate court of the Nikolaev area, a large number of appeal complaints to resolutions of vessels on cases of administrative offenses which arrive in appellate court of the Nikolaev area, testifies that citizens, unlike the assistant prosecutor, attentively read КУоАП and actively exercise the right to the appeal appeal.
By the way, according to Art. 38 КУоАП to which changes also were made, on cases of the administrative offenses, subordinated to court, penalty can be imposed not later as in three months from the date of commission of an offense and to the assistant prosecutor S. Shalyute it is necessary to know about it. Consider in appellate court of the Nikolaev area.
"Actually, the prosecutor calls for non-performance of judgments, that is for a violation of the law of Ukraine behind which observance, according to the Constitution of Ukraine, the prosecutor's office has to watch. Such appeals don't increase authority of bodies of prosecutor's office, and testify only to disrespect for judicial system. We advise the assistant prosecutor S. Shalyute and her colleagues more carefully to study the legislation and to watch changes to it. The management of appellate court of the Nikolaev area hopes for the corresponding reaction from prosecutor's office on remarks", - the press - services of appellate court of the Nikolaev area is told in the message.