The CCU is the Civil Code of Ukraine. In legal documents, the abbreviation “CC Ukraine” is also often used. It is one of the fundamental legislative acts that defines the rules of ...
08Oct
Article 255 of the Code of Ukraine on Administrative Offenses in Simple Words
What Article 255 of the Code of Ukraine on Administrative Offenses Regulates
Article 255 of the Code of Ukraine on Administrative Offenses (CUAO) defines who exactly has the right to draw up protocols on administrative offenses. It does not establish the amount of the fine, does not describe the composition of a specific offense, and does not determine whether a person is guilty or not. This is a procedural norm about authority.
As of October 9, 2026, the Code of Ukraine on Administrative Offenses is in force. Article 255 CUAO is contained in Chapter 19 “Protocol on Administrative Offense” and establishes the circle of persons authorized to issue protocols for specific administrative offenses.
The simple principle is this: for each offense, it is necessary to verify whether a specific body or official has the right to issue a protocol under the respective article of the CUAO.
Among the subjects vested with such powers by Article 255 CUAO in the cases defined by law are:
- authorized officials of the National Police;
- officials of other state bodies explicitly indicated in Article 255 CUAO;
- authorized officials of executive committees of village, settlement, and city councils – regarding offenses defined by the Code;
- authorized persons of the Secretariat of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights and representatives of the Commissioner – in cases provided by the Code;
The full list is much broader. Therefore, one needs to check not just the name of the body, but the connection “specific offense – specific authorized subject.”
What Article 255 CUAO Means for a Citizen
If an administrative protocol is being drawn up against a person, it is important to verify the authority of the person who is issuing it. This can be done in sequence.
- Check which exact article and part of the CUAO is indicated in the protocol.
- Compare this provision with Article 255 CUAO and determine who has the right to draw up a protocol for such an offense.
- Check the position, body, and data of the official indicated in the protocol.
- If there are objections, state them in writing in the protocol itself or in a separate explanation.
This has practical importance. The protocol is a procedural document, but its drafting alone does not automatically imply the imposition of a fine. The question of responsibility is decided by the body or the court authorized by law to consider the particular case.
Rights of a Person During the Drawing Up of a Protocol
Article 256 CUAO defines the content of the protocol, and Article 268 CUAO – the rights of the person held administratively liable. Together with Article 255 CUAO, these norms provide a full picture of the procedure.
A person has the right to:
- receive their copy of the protocol;
- provide explanations and comments regarding its content;
- state reasons for refusal to sign the protocol;
- familiarize themselves with the case materials, submit evidence, and file motions;
- use legal assistance;
- speak in their native language and use translator services;
- appeal the decision in the case;
Refusal to sign does not imply admission of guilt and does not terminate the proceedings. If a person does not sign the document, the official makes a note about this. At the same time, the person can provide their objections and reasons for refusal in writing.
Deadline for Drawing up the Protocol and Its Copy
According to part 2 of Article 254 CUAO, the protocol, if it is drawn up, must be compiled no later than 24 hours from the moment the person who committed the offense was identified. The document is prepared in two copies, one of which is handed to the person held administratively liable against their signature.
In judicial practice, adherence to this deadline has real significance. For example, in a ruling dated September 24, 2026, a district court returned administrative materials for proper formation and explicitly cited violation of the 24-hour term among the deficiencies. At the same time, this does not mean that any such violation automatically closes the case – consequences are assessed considering all materials and specific circumstances.
Does a Citizen Have Obligations Specifically Under Article 255
No. Article 255 CUAO is primarily addressed to bodies and officials and establishes the boundaries of their competence. It itself does not require a citizen to admit guilt, agree with the described events, or sign the protocol.
Specific obligations may arise from other provisions of the CUAO and special laws depending on the situation. Therefore, the authority of the official under Article 255 CUAO should not be confused with procedural rights and obligations of the citizen.
What to Do If the Protocol Is Drawn Up by an Unauthorized Person
First of all, it is worth recording this procedurally. Oral objection is not enough if there is an opportunity to leave a written explanation.
- Note in the protocol that you object to the authority of the person drawing it up.
- Refer to Article 255 CUAO and the specific article under which they are trying to hold you administratively liable.
- Obtain and keep your copy of the protocol.
- Repeat the objection during the consideration of the case by the authority or court.
Drawing up a document by an unauthorized subject may be significant in assessing the correctness of the material’s registration. But claiming automatic cancellation of the protocol solely due to one flaw is incorrect – legal consequences are determined in the specific case.
Frequently Asked Questions about Article 255 CUAO
No. Authority depends on the type of administrative offense and the competence of the respective body. Article 255 CUAO is used to distinguish these powers.
No. The protocol records circumstances of a possible offense and initiates or accompanies the respective procedure. The final decision is made by the competent body or court.
Yes. Article 256 CUAO directly provides for situations where a person refuses to sign. A corresponding note is made in the protocol, and the citizen has the right to explain, make comments, and state reasons for refusal.
No. The CUAO provides cases when a protocol is not drawn up. Such exceptions are regulated, among others, by Article 258 CUAO. Therefore, absence of a protocol does not yet prove a procedural violation.
According to Article 256 CUAO, it must indicate the date and place of drawing up the document, data of the official, information about the person, place, time and essence of the offense, the law norm, data of witnesses and victims if any, explanations of the person and other information necessary to resolve the case.
The most reliable source is the official legislative database of the Verkhovna Rada of Ukraine. Before using Article 255 CUAO in dispute or preparing objections, it is worth checking the current edition, since the list of bodies and offenses for which they may draw up protocols changes.
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