After the accident, the court allowed the child to use the seized electric scooter due to the risk of battery damage

The Lubny City District Court of Poltava region considered the petition of the legal representative of the minor victim to partially lift the seizure of property in the criminal proceedings regarding the traffic accident, the investigation of which is being conducted under Part One of Article 286 of the Criminal Code of Ukraine.

The petitioner requested to lift the seizure of the electric scooter in terms of the prohibition of its use, stating that the need for such a restriction had ceased.

Circumstances of the case

Last year, in the village of Solonytsia, Lubny district, Poltava region, a traffic accident occurred involving a car "AZLK 21412" and a minor who was riding an electric scooter "GIANT X1." As a result of the accident, the child sustained bodily injuries and was taken to a medical facility.

Information about this incident was entered into the Unified Register of Pre-Trial Investigations under the signs of a criminal offense provided for in Part One of Article 286 of the Criminal Code of Ukraine.

During the inspection of the scene, law enforcement officers seized the electric scooter and placed it in the evidence storage room of the Lubny District Police Department.

By the ruling of the Lubny City District Court of Poltava region, the electric scooter was seized and kept in the evidence storage room.

The legal representative of the victim applied to the court with a petition to lift the seizure in terms of the prohibition of using the electric scooter. The petition argued that almost ten months had passed since the accident, during which the electric scooter was inspected during investigative actions and examined by experts within the appointed examinations using necessary measuring and recording tools, including photography.

Moreover, the petitioner emphasized that prolonged storage of the electric scooter without recharging could lead to damage to the battery, and therefore, the continued prohibition of using the property is unreasonable.

Court decision

The court established that the pre-trial investigation is being conducted in criminal proceedings concerning the violation of traffic safety rules, and the electric scooter was seized during the inspection of the scene and is physical evidence in the case.

The court noted that according to Part One of Article 174 of the Criminal Procedure Code of Ukraine, the suspect, accused, their defender or legal representative, other owner or possessor of the property who were not present during the consideration of the seizure issue have the right to file a petition for its full or partial cancellation.

The court also stated that the seizure of property may be fully or partially lifted if it is proven that the need for such a measure has ceased or the seizure was imposed unjustifiably.

After evaluating the case materials and the petitioner's arguments, the court concluded that there are currently no obstacles to lifting the seizure of the property in terms of the prohibition of using the "GIANT X1" electric scooter.

As a result, the petition of the legal representative of the minor victim was granted. The court lifted the seizure imposed on the electric scooter in terms of the prohibition of its use.

The ruling is not subject to appeal (case No. 539/3657/25).

As reported by "Judicial and Legal Newspaper", the number of severe child injuries related to electric scooters, bicycles, motorcycles, and other wheeled transport has sharply increased in Ukraine.

It should be noted that systemic legislative regulation of this sphere is already being discussed in Ukraine. The Verkhovna Rada has registered draft law No. 15284 "On the peculiarities of using small electric transport in Ukraine," which aims to define the legal status of electric scooters, unicycles, segways, electric bicycles, and other similar means.

The need for this document is explained by the increase in the number of traffic accidents involving such transport and the absence of a special law that would comprehensively regulate its use. Currently, this sphere is regulated fragmentarily — through general traffic legislation and traffic rules.

Previously, the issue of introducing a technical control system for electric scooters, similar to cars — through certification at the time of sale or periodic technical inspection — was also raised.

Potential requirements discussed included checking brakes, tires, lighting, frame, and battery. Separately, the possible establishment of a minimum driving age of 14–16 years was discussed to align the rules for using electric transport with other road users.

We also noted that despite holding electric scooter riders accountable for traffic violations, rental services continue to profit without adequate responsibility for possible risks.

Additionally, we analyzed court rulings regarding fines for riding an electric scooter without a helmet.

As emphasized by the "Judicial and Legal Newspaper" the rapid spread of electric scooters, hoverboards, and unicycles in Ukrainian cities has created a serious challenge for urban infrastructure, which is struggling to adapt to new types of transport.

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