A man without a driver's license went out to help a comrade after an accident – were the circumstances exempt from a 40,800 hryvnia fine
The Lutsk City District Court of Volyn region considered a case of an administrative offense under part five of article 126 of the Code of Ukraine on Administrative Offenses regarding a driver who operated a Nissan Navara vehicle with a license plate without having the right to drive such a vehicle.
Circumstances of the case
According to the administrative offense protocol series EPR1 No. 591103 dated February 14, 2026, on February 14, 2026, at 11:26 a.m. in the village of Dachne, the driver operated a vehicle without a driver's license of the appropriate category. The offense was committed repeatedly within a year.
At the court hearing, the driver's defender argued that his client did not admit guilt and acted out of extreme necessity because his comrade was involved in an accident due to icy conditions and needed urgent help in severe frost. Additionally, the defender pointed out that the driver was simultaneously being held liable under both part four and part five of article 126 of the Code of Ukraine on Administrative Offenses for the same actions, which is unacceptable.
What the court decided
The court found the driver guilty of committing an administrative offense under part five of article 126 of the Code of Ukraine on Administrative Offenses and applied an administrative penalty in the form of a fine of 40,800 hryvnias with deprivation of the right to drive vehicles for five years.
The court rejected the defender's arguments regarding the state of extreme necessity, noting that the driver's actions did not meet the criteria defined in article 18 of the Code of Ukraine on Administrative Offenses (elimination of danger that could not be removed by other means and lesser significance of the harm caused compared to the averted harm). The court also rejected the argument about double liability for one offense, since part five of article 126 establishes responsibility specifically for repeated violations within a year of the offenses provided for in parts two through four of this article.
The court was guided by articles 245, 251, 252, 280, 283, 284 of the Code of Ukraine on Administrative Offenses, as well as the requirements of clause 2.1 of the Traffic Rules. At the same time, the court exempted the person from paying the court fee as a participant in hostilities in accordance with the Law of Ukraine "On Court Fees."
The ruling comes into legal force after the expiration of the appeal period. The ruling may be appealed within ten days to the Volyn Court of Appeal through the Lutsk City District Court of Volyn region.
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