⚖️ Judgment of the Supreme Court of 19 February 2020 in case № 204/8036/16-a
▶ ️Factual circumstances:
Police officers approached the vehicle, which was already parked, the plaintiff in the car was alone in the driver’s seat. However, he explained that he was in the vehicle as a passenger and got behind the wheel of the car only after his relative had parked the car and he was neither the driver nor the owner of the car, but was just waiting for the driver who owned the car.
‼ ️Position of the Supreme Court:
An administrative offense is an act that takes the form of either action or inaction. However, in order for an act to be classified as an administrative offense, it must have a set of legal features that determine the composition of the offense. The presence of all signs of an offense is the only basis for bringing the offender to justice. If at least one of the signs of the offense is missing, the person cannot be prosecuted.
The court considers correct the conclusions of the courts of previous instances that the defendant has not proved proper and admissible evidence of the plaintiff’s violation of traffic rules, and has not proved that the plaintiff is liable for this offense.
🕵️♀️Court decision in the USSR: http://reyestr.court.gov.ua/Review/87683151.