Article 38 of the Code of Administrative Offenses (CAO) in Simple Terms – What This Article Is About

Article 38 of the CAO defines the time limits within which an authorized body or court can impose an administrative penalty on an individual. It is important to verify the current deadlines and special exceptions directly in the current edition of the Code of Ukraine on Administrative Offenses on the Verkhovna Rada of Ukraine website.

In general, the deadline depends on who is reviewing the case and whether the offense is a one-time or ongoing violation. As of September 28, 2026, the current edition of Article 38 provides the following basic deadlines:

• if the case is reviewed by an authority or official – no later than two months from the day the offense was committed;
• if the offense is ongoing – no later than two months from the day it was discovered;
• if the case must be reviewed by a court – no later than three months from the day the offense was committed;
• if the court is reviewing an ongoing offense case – no later than three months from the day it was discovered;

These deadlines cannot be automatically applied to any administrative offense. Article 38 of the CAO contains a number of special exceptions for which the law establishes longer time limits.

When Does the Deadline Begin According to Article 38 of the CAO

For an ordinary, one-time offense, the counting generally starts from the day it was committed, not from the day the protocol was drawn up.

This is an important distinction. The fact that a police officer or other body compiled the protocol later does not, as a general rule, shift the start of the term to the date of the protocol compilation. The Supreme Court has also pointed out that for a one-time offense, the counting begins exactly from the day the offense occurred.

What Is an Ongoing Offense

For an ongoing offense, the deadline is calculated differently – from the day it was discovered. It is important to distinguish a truly ongoing violation from a one-time act whose consequences persist for some time. This approach is also reflected in the review of judicial practice of the Cassation Administrative Court as part of the Supreme Court.

An offense is considered ongoing if it is connected with the prolonged and continuous non-fulfillment of a legal duty. The Supreme Court has explained that in this case, a person remains in an unlawful state for some time.

For example, when determining the deadline, it is important to establish:

1. Precisely when the action or inaction took place.
2. Whether the violation ended at a specific moment.
3. Whether the non-fulfillment of the duty continued for a certain period.
4. When the competent body actually discovered the ongoing offense.

Therefore, simply noting in the protocol that the violation is ongoing is insufficient to automatically shift the deadline. The legal significance lies in the actual circumstances of the specific case.

Special Deadlines Under Article 38 of the CAO

The query “article 38 CAO with amendments” is especially relevant because the article has been repeatedly supplemented with special deadlines. In particular, in 2025, the legislator added separate rules for offenses related to procurement and access to information about the use of public funds.

Currently, Article 38 provides, among others, the following exceptions:

• for offenses under Articles 173-2 and 173-6 CAO – six months from the day the offense was committed;
• for corruption and related offenses, as well as violations under Articles 51, 212-15, and 212-21 – six months from the day of discovery, but no later than two years from the day the offense was committed;
• for Articles 204-1 and 204-2 – three months from the day of discovery, but as a general rule no later than one year from the day the offense was committed;
• for Article 130 CAO – one year from the day the offense was committed;
• for parts three to six of Article 164-14 – one year from the day of discovery, but no later than two years from the day the offense was committed;
• for parts one to four of Article 188-19 – one year from the day the offense was committed;
• for Articles 210 and 210-1 during a special period – three months from the day of discovery, but no later than one year from the day the offense was committed;
• for parts twelve and thirteen of Article 212-3 – one year from the day the offense was committed;

A separate rule applies when criminal proceedings are closed but the individual’s actions still bear signs of an administrative offense. In such cases, an administrative penalty may be imposed no later than three months from the date of the decision to close the criminal proceedings.

What Happens If the Deadline Under Article 38 of the CAO Has Passed

The expiration of the deadline has a specific procedural consequence. Paragraph 7 of Article 247 of the CAO stipulates: if at the time of case review the deadlines under Article 38 have already expired, the proceeding cannot be initiated, and if already initiated, it must be closed.

For example, if a general three-month judicial deadline applies to a case, it is important not only when the protocol was drawn up or the materials were sent to court but that the penalty is imposed within the time frame established by law.

Therefore, it is worth checking:

• the exact date of the offense;
• the date of its discovery, if the body considers the violation ongoing;
• the CAO article under which the person is being prosecuted;
• which body has the authority to review the case;
• whether Article 38 provides a special deadline for this offense;

Closure of a case due to the expiration of the deadline should be distinguished from closure due to the absence of the event or the elements of an administrative offense. These are different grounds separately provided for in Article 247 of the CAO.

What Rights Does a Citizen Have

Article 38 of the CAO itself does not impose certain duties on the citizen. It primarily limits the period within which the state can apply an administrative penalty.

If a person is prosecuted, they have procedural rights under Article 268 of the CAO, including:

• to familiarize themselves with the case materials;
• to provide explanations and evidence;
• to submit petitions;
• to use legal assistance;
• to use translator services if necessary;
• to appeal the decision in the case;

If the deadline under Article 38 has expired, the person can draw the attention of the body or court to specific dates and submit a petition to close the proceedings under paragraph 7 of Article 247 of the CAO.

Frequently Asked Questions About Article 38 of the CAO