The Nikolaev prosecutor doesn't advise drivers to hurry to carry out the resolution vessels

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Quite often driver brought to administrative responsibility, receives the resolution of court with which he doesn't agree: or doesn't consider itself guilty, or believes that the measure of an administrative penalty is too severe.

At the end of the resolution text the driver reads the formulation: "To the appeal isn't subject".

Actually the resolution on the case of an administrative offense, according to Art. 294 КУоАП,it can be appealedthe person who is brought to administrative responsibility, by his lawful representative, the defender, the victim, his representative or on it the protest of the prosecutor within ten days from the date of pronouncement of the resolution can be brought.

For making decision on the appeal of the resolution it is necessary to consider important circumstance. According to Art. 38 КУоАПthe term during which the administrative penalty can be imposed, doesn't exceed two months from the moment of violation. Therefore, if the resolution on business is cancelled, it, as a rule, means that at repeated consideration of the case it is impossible to impose an administrative penalty already on term.

Therefore the resolution appeal, especially if as a measure of an administrative penalty is applied deprivation of the right of management by the vehicle, in the presence of the bases usually it is expedient for this purpose who resorts to it.

Assistant prosecutor of the city S. Shalyuta


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