Article 22 of the Code of Ukraine on Administrative Offenses (CUAO) in Simple Words – What This Provision Is About

Article 22 of the CUAO regulates exemption from administrative liability due to the insignificance of the offense. Simply put: the violation formally exists, the person’s guilt can be established, but due to the minor nature of the event, the authorized body or court has the right not to apply an administrative penalty and limit themselves to a verbal warning.

The very word “may” is crucial here. Article 22 of the CUAO does not guarantee exemption from liability even when the person considers the violation minor. The final decision is made by the body or official reviewing the particular case.

What Insignificance of an Administrative Offense Means

The CUAO does not set a universal amount of damage, number of violations, or any other numeric criterion after which a violation automatically becomes insignificant. Circumstances are assessed in each case separately.

In practice, the following may be significant:

• minor actual consequences of the violation;
• absence of significant harm to the state, citizens, or public interests;
• absence of victims or severe negative consequences;
• degree of guilt and specific circumstances of the event;
• behavior of the person after the violation, including remedying the consequences or sincere remorse;

For example, in court decisions of 2026 applying Article 22 of the CUAO, the absence of significant negative consequences, victims, substantial harm, and a low degree of social danger of the specific act were considered. At the same time, each case is individually evaluated by the court.

When Article 22 of the CUAO Does Not Apply

The article itself includes an important restriction. The law explicitly prohibits applying exemption due to insignificance to a number of offenses.

This list includes:

• part four of Article 121 of the CUAO;
• part five of Article 122 of the CUAO;
• Articles 122-2 and 122-4 of the CUAO;
• part three of Article 123 of the CUAO;
• parts two to five of Article 126 of the CUAO;
• Article 130 of the CUAO;
• Article 161-1 of the CUAO;
• Article 173-2 of the CUAO;

Therefore, for example, requesting insignificance under Article 130 of the CUAO has no legal basis. The explicit prohibition in Article 22 excludes such an option.

What Happens If Article 22 of the CUAO Is Applied

Application of Article 22 does not mean automatic recognition of a person’s innocence. The body or court may establish the fact of the offense and guilt but exempt the person from administrative liability due to insignificance.

In such cases:

1. The body or court establishes the circumstances of the case and evaluates evidence.
2. Determines whether there are grounds to consider the violation insignificant.
3. Exempts the person from administrative liability.
4. Announces a verbal warning.
5. Closes the proceedings in the case.

Part two of Article 284 of the CUAO explicitly provides for the issuance of an order to close the case upon announcement of a verbal warning.

Citizens’ Rights

The Article 22 of the CUAO itself does not impose a specific duty on the citizen to prove the insignificance. However, the person may actively use procedural rights provided by Article 268 of the CUAO.

A person has the right to:

• familiarize themselves with the materials of the administrative case;
• provide explanations and evidence;
• submit motions;
• use legal assistance of a lawyer;
• use an interpreter if needed;
• appeal the decision in the case;

These rights allow, among other things, submitting a separate motion for application of Article 22 of the CUAO and adding materials confirming the minor nature of the violation.

How to Request Application of Article 22 of the CUAO

A simple request to “recognize the violation as insignificant” is usually not enough. It is better to demonstrate why the specific circumstances of the case justify applying this provision.

It is advisable to act as follows:

1. Submit a written motion to be exempted from administrative liability on the basis of Article 22 of the CUAO.
2. Describe the actual consequences of the violation and explain why they are insignificant.
3. Add documents, photos, explanations, confirmation of remedying consequences, and other relevant evidence.
4. Ask the body or court to consider the nature of the offense, degree of guilt, absence of significant harm, and other circumstances of the case.

The body reviewing the case must establish the fact of the violation, the person’s guilt, the presence of mitigating and aggravating circumstances, property damage, and other facts important for the correct decision. This is expressly provided by Article 280 of the CUAO.

Frequently Asked Questions About Article 22 of the CUAO