implementation of these restrictions in practice is only allowed under the condition of
foreseeability of application of legal norms established by such restrictions” (paragraph
3 of subsection 3.1 of section 3 of the reasoning).
This conclusion is compatible with the ECHR case law where the Court
reiterated that where deprivation of liberty is concerned it is particularly important that
the general principle of legal certainty be satisfied (Baranowski v. Poland, 28 March
2000, Novik v. Ukraine, 18 December 2008)50.
The legislation does not identify the moment of onset or completion of
administrative detention
The Code of Ukraine on Administrative Offences clearly defines the terms of
administrative detention, yet measuring its length is practically impossible. Any time
period, particularly one defined by legislation, should have clearly defined limits: the
moment of onset (beginning of administrative detention) and the moment of
completion of administrative detention.
Before the Constitutional Court’s decision51, length of administrative detention
was defined by article 263§5 of the Code on Administrative Offences and calculated
from the moment of delivering the offender for drawing up a report, and if the person
was intoxicated – from the moment of sobriety. However, the Constitutional Court of
Ukraine decided3 that this provision was unconstitutional, and since then there is no
legal definition of the moment when administrative detention begins in Ukrainian
legislation.
The time limits for bringing of the person detained for administrative offence are
not defined.
For the purposes of drawing up a report on administrative offense in cases where
it is not possible to do so at the location of offence, and if such report is mandatory, the
offender may be brought to the competent authority, in particular, to an internal affairs
body52. The offender shall be brought within the shortest possible time53.
However, the law does not define how the period of bringing the person should
be identified along with its maximum length.
The procedure for serving the administrative arrest in special premises for
persons under administrative arrest is not regulated
50
Novik v. Ukraine, ECHR, appl. No. 48068/06, http://zakon4.rada.gov.ua/laws/show/974_442
Constitutional Court of Ukraine, decision № 10-рп/2011 dated 11.10.2011,
http://zakon2.rada.gov.ua/laws/show/v010p710-11/print1382533618117584
52
Administrative Code of Ukraine, Article 259§1.
53
Administrative Code of Ukraine, Article 259§8.
51
99
case
№
1-28/2011
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents