A Driver Is Entitled to Compensation: When Unlawful Actions of the Patrol Police Can Justify Moral Damages

Most drivers know that an unlawful ruling issued by the patrol police can be challenged in court. Yet far fewer realise that in certain cases violations by law-enforcement officers can serve as grounds not only for cancelling the fine, but also for obtaining monetary compensation for moral damages.

Court practice of recent years shows a clear trend: where police officers act in breach of the law, the state may be obliged to compensate a citizen for the moral suffering caused.

Which actions of police officers may be unlawful?

Every situation is assessed individually, but the most common grounds for going to court are:

• breaches of the procedure for drawing up administrative materials;
• holding a person liable without proper evidence;
• unlawful detention;
• unjustified use of physical force or special means;
• violation of the person’s right to take part in the hearing of the case;
• drawing up documents containing inaccurate information;
• other actions that violate a citizen’s rights and cause moral distress.

In such cases the issue is no longer only the lawfulness of the fine or the report, but also the state’s responsibility for the wrongful actions of its officials.

Is it realistic to obtain compensation?

Yes. And this is confirmed not only in theory, but by court practice as well.

Ukrainian courts have repeatedly sided with drivers and awarded compensation for moral damages in cases where the unlawfulness of patrol police actions was established. The amount of such payments is determined individually, depending on the circumstances of the particular case, but there are already rulings awarding citizens compensation of UAH 5,000, 7,000 and 25,000.

This shows that the courts recognise: unlawful actions of officials can cause not only material consequences, but also moral suffering that is subject to compensation.

What is needed to defend your rights successfully?

Evidence is of great importance in such cases. This may include footage from police body cameras, recordings from a dashcam or a mobile phone, documents, witness testimony, the materials of the administrative case and other evidence confirming a breach of procedure or the unlawfulness of the officers’ actions.

At the same time, it is important to choose the right means of defence in good time, identify the proper defendants and build a legal position. The outcome of the proceedings often depends on precisely this.

Unlawful actions of officials should not go without legal assessment. If your rights were violated during an encounter with the patrol police, it is worth analysing the situation together with a lawyer. In many cases the law allows you not only to have an unlawful decision quashed, but also to obtain compensation for the moral damage caused.

If you need a consultation, an analysis of your situation or professional legal assistance, contact the team of the Strategic Advocacy law firm. Our lawyers will help you assess the prospects of your case, prepare the necessary documents and defend your rights effectively.