In Ukraine, drivers are required to carry documents for driving a vehicle and car registration. For refusing to present these documents, the police can impose a fine of 425 hryvnias. However, there are circumstances in which drivers can legally refuse to show documents to the police, and a recent decision by the Sumy Court of Appeals sets an important precedent.
In this case, the police stopped the car in Sumy, accusing the driver of violating the rules of parking under the "No Parking" sign. The officers demanded to present the documents, but the driver asked first to provide evidence of his violation. In response to the refusal to show the documents, the police drew up a protocol for the absence of a driver's license (Part 1 of Article 126 of the Criminal Procedure Code).
The court considered the case and found that the police did not present any evidence of the driver's violation of traffic rules. The lack of reasonable cause for the stop meant that the demand for documents was unlawful and the fine and case were dismissed.
The decision highlights that drivers have the right to demand evidence from the police before complying with their document requirements. According to the law, the police can stop a vehicle and demand documents only if there are good reasons — an obvious violation of traffic rules or suspicion of committing an offense.
How to protect your rights on the road?
- Find out the reason for the stop: The driver has the right to ask the police officer what caused the stop.
- Request evidence of the violation: If you are charged with a violation, you have the right to demand evidence.
- Know your rights: The police have no right to demand documents without legal grounds, and the driver can insist on compliance with procedures.
The court decision demonstrates that every driver has the right to protection from unlawful demands and actions by law enforcement officers. In situations where it seems to you that the demands of the police are unreasonable, you should demand compliance with the law and go to court to protect your rights.