DOCUMENTING ADMINISTRATIVE OFFENCES UNDER ARTICLE 130 OF THE CODE OF ADMINISTRATIVE OFFENСES: ANALYSIS OF LAW ENFORCEMENT PRACTICE

Abstract

The article examines the current issues of documenting administrative offences, col-lecting evidence and processing case files which are sent to general jurisdiction courts for consideration and bringing perpetrators to administrative liability under Article 130 of the Code of Ukraine on Administrative Offences. The peculiarities of documenting of the administrative offences by authorized officers of the National Police are revealed, such as: the procedure for stopping the vehicle, the procedure for examination for the state of alcohol, drug or other intoxication or under the influence of medications which reduce their attention and speed. The main problems of documenting of the administrative offences under Article 130 of the Code of Administrative Offence are highlighted, which include: stopping a vehicle without having legal grounds for such a stop, violation of the procedure for conducting a test of vehicle drivers for the state of alcohol, drugs or other intoxication or under the influ-ence of drugs which reduce their attention and speed (non-compliance with the procedure for detecting signs of intoxication, lack of video recordings from the police body cameras of the entire procedure for undergoing a test for intoxication, initiation of a test for intoxication, and initiation of a test for intoxication), suspension of persons from driving vehicles, im-proper execution of reports on administrative offences under Article 130 of the Code of Ukraine on Administrative Offences, failure to reflect all the data required for the content of the report on administrative offences, incorrect qualification of the act, failure to include all the necessary evidence, writing reports on administrative offences and other procedural documents in illegible handwriting, making cross-outs or corrections. It is concluded that in order to improve the efficiency of police officers, the in-service training system should ensure that they study not only the regulatory framework but also case law, which will help police officers avoid making typical mistakes, identify and correct shortcomings in their work in a timely manner, better understand the situation at the scene of an incident and professionally perform their duties.