Time Limits for Imposing an Administrative Penalty: When a Fine Can No Longer Be Imposed

An administrative offence can result in a fine or another penalty. But the law limits this in time: once the set period has expired, an administrative penalty can no longer be imposed. That is why time limits in administrative offence cases are often decisive for the defence.

The general rule

• where the case is decided by an authority or official – for example, the police or an inspectorate – a penalty may be imposed no later than two months from the day the offence was committed or, for a continuing offence, no later than two months from the day it was detected (part 1 of Article 38 of the Code of Ukraine on Administrative Offences);
• where the case falls within the jurisdiction of a court – no later than three months from the day the offence was committed or, for a continuing offence, no later than three months from the day it was detected (part 2 of Article 38).

Separate time limits

• Article 130 (driving under the influence) – within one year from the day the offence was committed (part 6 of Article 38);
• Articles 173² (domestic violence) and 173⁶ (gender-based violence) – within six months from the day the offence was committed (part 3 of Article 38);
• corruption-related offences, and offences under Articles 51, 212¹⁵ and 212²¹ – within six months from the day the offence was detected, but no later than two years from the day it was committed (part 4 of Article 38);
• Articles 210 and 210¹ (breaches of military registration rules and of the law on defence, mobilisation preparation and mobilisation) committed during a special period – within three months from the day the offence was detected, but no later than one year from the day it was committed (part 9 of Article 38); such cases are decided by territorial recruitment and social support centres (Article 235);
• separate time limits also apply to certain other offences – in particular, under Articles 204¹ and 204², parts 3–6 of Article 164¹⁴, parts 1–4 of Article 188¹⁹, and parts 12 and 13 of Article 212³ (parts 5, 7, 8 and 10 of Article 38).

If criminal proceedings have been closed

If criminal proceedings are closed but the person’s actions show signs of an administrative offence, a penalty may be imposed no later than three months from the day the decision to close the criminal proceedings was taken (part 11 of Article 38).

What happens if the time limit has expired

Proceedings in an administrative offence case cannot be opened, and proceedings already opened must be closed, if the time limits under Article 38 have expired by the time the case is heard (clause 7 of Article 247 of the Code of Ukraine on Administrative Offences).

What to check in your case

• who is deciding the case – an authority (official) or a court;
• which article of the Code applies;
• whether a separate time limit applies to it;
• when the period starts to run – from the day the offence was committed or from the day it was detected.

This material is general in nature and is not a substitute for advice on your specific situation.

Received an offence record or a decision? An advocate will check the time limits and the grounds and help you challenge the decision → Administrative disputes · Challenging administrative rulings and fines