Types of Tax Audits That the State Tax Service May Conduct The Tax Code of Ukraine provides for three main types of audits – desk (cameral), documentary, and factual audits. Documentary audits ...
09Sep
Art. 268 of the Code of Ukraine on Administrative Offenses in Simple Words – What This Article Is About
Article 268 of the Code of Ukraine on Administrative Offenses defines the rights of a person who is being held administratively liable. In simple terms, if the police, a court, or another authorized body believes that you have committed an administrative offense, you must not just wait for a decision. The law gives you the opportunity to familiarize yourself with the case, object, submit your evidence, use the assistance of a lawyer, and appeal the decision.
The full current text of the provision is available in the Code of Ukraine on Administrative Offenses on the website of the Verkhovna Rada of Ukraine. Article 268 is one of the main procedural guarantees of a person in administrative proceedings.
What Rights Does Art. 268 of the Code of Ukraine on Administrative Offenses Provide?
If an administrative offense case is being considered against a citizen, he or she has the right to actively defend their position. This applies not only to court cases – the provision also applies when the case is examined by another body or official.
Article 268 of the Code of Ukraine on Administrative Offenses explicitly grants the following rights:
- to familiarize themselves with the materials of the administrative case;
- to give explanations regarding the circumstances of the offense;
- to submit documents, video recordings, photographs, and other admissible evidence;
- to file motions;
- to use legal assistance from a lawyer or other specialist in cases provided by law;
- to speak in their native language;
- to use an interpreter if the person does not know the language of the proceedings;
- to appeal the decision in the case.
These rights should be taken literally. For example, if the materials include video, protocols, witness statements, or other documents, the person has the right to familiarize themselves with them and build their defense based on what actually exists in the case.
What Does the Right to Submit Evidence Mean?
A citizen is not obliged to limit themselves to what the police or another body has collected. If there are materials that disprove the offense or explain the situation, they can be submitted to be added to the case.
In practice, the procedure may look like this:
- Familiarize yourself with the materials on which the accusation is based.
- Check if the date, place, event, and other factual circumstances are correctly indicated.
- Submit your own documents, photographs, videos, or other evidence.
- File the necessary motions.
- Present your objections during the consideration of the case.
It is important to distinguish between the right to submit a motion and the obligation of the body to satisfy it. Motions must be considered, but the decision depends on the circumstances of the case and the requirements of the law.
Does a Person Have the Right to a Lawyer under Art. 268?
Yes. Article 268 explicitly allows the use of legal assistance during the case consideration. This right is further detailed in Art. 271 of the Code of Ukraine on Administrative Offenses.
Therefore, the answer to the common question “Can I invite a lawyer in an administrative offense case?” is yes. The fact that the case is administrative, not criminal, does not deprive a person of the right to professional legal assistance.
The importance of this right is also confirmed by the practice of the European Court of Human Rights. In the case “Korniev and Karpenko v. Ukraine”, among other things, the ECHR considered guarantees of defense in administrative proceedings and found a violation of the applicant’s right because she was not given sufficient time and opportunities to prepare her defense.
Is It Possible Not to Give Explanations to the Police?
It is important not to confuse two provisions here. Article 268 states that the person “has the right to give explanations.” This is a right, not an obligation to admit guilt or explain circumstances against one’s own interests.
Additional protection is contained in Article 63 of the Constitution of Ukraine: a person is not liable for refusing to give testimony or explanations about themselves, family members, or close relatives.
Therefore, a citizen may:
- give explanations if they consider it necessary for their defense;
- state only those circumstances they deem necessary to report;
- make use of Article 63 of the Constitution and not give explanations about themselves or close persons;
- obtain legal assistance before giving explanations.
The phrase “you must explain everything now” by itself does not override the constitutional right not to testify against oneself. One should be especially cautious with explanations if the qualification of the offense or the possibility of liability depends on their content.
Must Rights under Art. 268 Be Explained?
Yes. During the drawing up of the protocol, the person must be informed of the rights and obligations provided by Art. 268. An appropriate note about this must be made in the protocol – this requirement is explicitly established by Art. 256 of the Code of Ukraine on Administrative Offenses.
This is not a formality. The person must understand that they can submit evidence, use a defender, file motions, and object to the charge.
Can an Administrative Case Be Considered Without the Person?
The general rule under Art. 268 is simple – the case must be considered with the participation of the person being held liable.
Considering the case without the person is possible only when two conditions are simultaneously met:
- There is evidence that the person was timely notified of the place and time of the case consideration.
- No motion to postpone the hearing has been submitted by the person.
This interpretation is supported by the Supreme Court. In its legal positions, it emphasized that consideration without the person is allowed if there is confirmation of proper notification of the time and place of the hearing.
Therefore, if the person did not know when and where the case would be reviewed, the issue of proper notification may be significant when appealing the decision.
What Obligations Does Art. 268 Establish?
Article 268 is primarily about rights. It does not establish a general duty for the citizen to prove their innocence, be obliged to give explanations, or independently collect evidence.
However, for certain administrative offenses, personal presence during the case consideration is mandatory. The current text of Art. 268 names, in particular, cases under Part 1 of Art. 44, Arts. 51, 146, 160, Arts. 172-4 through 172-9, 173, 173-2, Part 3 of Art. 178, Arts. 185, 185-1, 185-7, and 187 of the Code of Ukraine on Administrative Offenses.
For the citizen, this means:
- if law provides for mandatory presence, the summons should not be ignored;
- if unable to appear, it is advisable to timely notify the reason;
- if there are grounds, motions to postpone the hearing should be filed;
- in some cases, evasion of mandatory attendance may lead to being brought in by the National Police.
Courts apply this provision in practice. In court decisions of 2026, it is explicitly stated that in cases provided for by Part 2 of Art. 268, the court may order the bringing in of a person who evades mandatory attendance.
How to Appeal a Decision under the Code of Ukraine on Administrative Offenses
The right to appeal is explicitly provided by Art. 268. The specific term is set by Art. 289 of the Code of Ukraine on Administrative Offenses.
As a general rule, a complaint against a decision can be filed within 10 days from the date of its issuance. For decisions in the field of road safety, including those recorded automatically, the Code provides 10 days from the date the decision was delivered. If the deadline was missed for valid reasons, one can request its restoration.
Therefore, after receiving the decision, one should not delay. It is necessary to check the date, grounds for liability, evidence in the case, adherence to the right to defense, and whether the person was properly notified about the case consideration.
Frequently Asked Questions About Art. 268 of the Code of Ukraine on Administrative Offenses
Article 268 defines the basic rights of a person who is being held administratively liable. The person has the right to know the case materials, give explanations, submit evidence, file motions, use legal assistance, and appeal the decision.
No. Art. 268 provides the right to give explanations but does not establish an obligation to testify against oneself. Additionally, Art. 63 of the Constitution of Ukraine allows a person to refuse explanations or testimony about themselves, family members, and close relatives.
Yes. A person has the right to use legal assistance from a lawyer or another specialist in cases provided by law. This right can be exercised during the consideration of the administrative case and when appealing the decision.
Yes. Art. 268 explicitly provides the right to familiarize oneself with the case materials. A person can check the protocol, explanations, photos, videos, and other evidence used for holding them liable.
Yes. A person can submit documents, photographs, videos, and other admissible evidence confirming their position or disproving circumstances indicated in the case materials.
Yes, but not always. As a general rule, the case is considered with the participation of the person. Consideration without them is possible if there is evidence of timely notification of the place and time of the hearing and no motion to postpone the hearing has been submitted. For certain categories of offenses, presence is mandatory.
The consequences depend on the category of the case. If personal presence is not mandatory and the person was properly notified, the case may be considered without them. If the law provides for mandatory presence, in the cases set by the Code, the court may order bringing in the person by the National Police.
Yes. When drawing up the protocol, the person must be informed of their rights and obligations provided by Art. 268. A note about this must be made in the protocol.
Yes. Art. 268 explicitly provides the right to appeal the decision. Under the general rule in Art. 289, the complaint must be filed within 10 days. For certain categories of decisions, the calculation of the period has its own specifics.
One should document the violation, familiarize oneself with the case materials, and use it as an argument during the consideration or appeal of the decision. The significance of the specific violation depends on whether it affected the person’s ability to fully protect their rights.
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