A man is accused of committing minor hooliganism. He engaged in a dispute with an administrator in the premises of the CNAP and threatened her. This is stated in the ruling of the Krolevec District Court of the Sumy region, published on November 25, 2024.
On August 8, 2024, the man was in the premises of the CNAP, using offensive language towards the administrator, threatening her, and obstructing the reception of citizens, thereby violating public order and the peace of citizens. The protocol for the administrative offense includes: a protocol for the acceptance of the statement regarding the criminal offense and another event dated August 8, 2024, along with written explanations from the victim dated August 8, 2024. The citizen was duly informed about the date, time, and place of the hearing, but he failed to appear in court again and did not provide reasons for his absence.
The court closed the proceedings in the case of the administrative offense against the man under Art. 173 of the Code of Ukraine on Administrative Offenses (KУпАП) based on paragraph 7 of part 1 of Art. 247 KУпАП due to the expiration of the term for imposing an administrative penalty, as stipulated in part 2 of Art. 38 KУпАП.
"According to paragraph 1 of part 1 of Art. 247 KУпАП, proceedings in a case of an administrative offense cannot be initiated, and those initiated must be closed under such circumstances as the expiration of the terms stipulated in Art. 38 of this Code at the time of the hearing of the case regarding the administrative offense. Under the rules of part 2 of Art. 38 KУпАП, if cases of administrative offenses fall under the jurisdiction of the court (judge) according to this Code or other laws, penalties may be imposed no later than three months from the date the offense was committed. The offense occurred on August 8, 2024. The case regarding the administrative offense against the citizen under Art. 173 KУпАП was submitted to the judge on October 16, 2024. Since the three-month period for imposing an administrative penalty, as provided in part 2 of Art. 38 KУпАП, had expired at the time of consideration of this case, the proceedings must be closed based on paragraph 7 of part 1 of Art. 247 KУпАП," the court emphasized.