On September 6, 2023, the Second Senate, in the public part of the plenary session, in the form of written proceedings, deliberated the case upon the constitutional complaint of Olesia Hlazko regarding compliance of part 1 of Article 14-2 of the Code of Ukraine on Administrative Offenses with the Constitution of Ukraine (hereinafter referred to as “the Code”).
As the judge-rapporteur in the case, Halyna Yurovska, noted that the complainant appealed to the Constitutional Court of Ukraine to verify the compliance of the provision of the Code, according to which administrative liability for offenses in the field of ensuring road traffic safety, recorded in automatic mode, or for violations of the rules of stops, parking lots, parking of vehicles recorded in the mode of photography (video recording) shall be born by the responsible person - an individual or the head of the legal entity under which the vehicle is registered <...> with the Fundamental Law of Ukraine.
The author of the petition asserts that the provisions of part 1 of Article 14-2 of the Code do not correspond to the Constitution of Ukraine, as they contradict its requirements regarding the individualisation of the legal liability of a person and the presumption of innocence, establish the possibility of bringing the owners of vehicles to administrative liability even if these persons did not commit an administrative offense.
The Court proceeded to the in-camera part of the plenary session for a decision in this case.
The public part of the plenary session is available on the official website of the Court at the following link: https://ccu.gov.ua/kategoriya/2023.
