In the conditions of a difficult economic situation, many entrepreneurs face problems and not always legal methods on the part of law enforcement agencies. Odesa lawyer Yevhenii Ivanchenko in a comment for ElitExpert talked about "new trends" in the work of the police and courts during wartime.
"It often happens that today law enforcement officers draw up incomprehensible protocols, even for minor violations, in order to increase fines and fill the budget," the lawyer noted. He focused on the fact that, in his opinion, this is exactly what most law enforcement officers are guided by, to fill the budget as much as possible, and issue fines for literally everything.
At the same time, district courts do not like to cancel such protocols, and especially under Article 130 of the Administrative Code — driving a vehicle while under the influence of alcohol or drugs.
"Even if the police violated the procedure, it is easier for judges to turn a blind eye to it and find a person guilty. Because if the judge does not plead guilty, he himself can be investigated for possible corruption," Ivanchenko explained.
The lawyer also emphasized that under Article 130, you can get a fine not only for drunk driving, but also for refusing to take an alcohol or drug test. "Interestingly, protocols are often drawn up between 22:00 p.m. and 23:00 p.m., when the curfew is approaching. The police force people to take tests or go with them to the hospital, and they, in turn, are afraid to stay outside after the curfew, and sign everything to be released before the curfew, where there is a risk of getting either the police or the TCC. , he added.
As a result, according to the lawyer, law enforcement officers offer people to sign a refusal to pass a medical certificate, which automatically leads to a fine of 17 hryvnias. "And then the victims come to me and say that they did not violate anything, and they do not agree with the fine. And I always explain to them that the fine was imposed for refusing to give a certificate, and that they should have passed it," police officers often artificially create such a state of extreme necessity for probation violators, Ivanchenko emphasized.
In conclusion, the lawyer expressed his concern that currently many law enforcement officers and individual judges are guided by their inner convictions and not by legislation.
