Vehicle stop without lawful grounds: violation of Article 35 of the Law “On the National Police”

Stopping a vehicle without grounds provided by law constitutes unlawful interference with a person’s right to freedom of movement and to respect for private life. Such a stop violates the requirements of Article 35 of the Law of Ukraine “On the National Police” and leads to the inadmissibility of the evidence collected, as well as the possibility of bringing the police officer to legal liability.​​

Legal framework: what Article 35 actually allows
Article 35 of the Law of Ukraine “On the National Police” provides an exhaustive list of situations in which a police officer may stop a vehicle. These grounds include, in particular: violation of traffic rules, the presence of obvious signs of technical malfunction, information on the involvement of the driver or passengers in a traffic accident, a criminal or administrative offence, the vehicle being wanted, the need to question or involve the driver in providing assistance, a decision of a competent authority to restrict traffic, dangerous securing of cargo, violation of the rules for the use of special signals, as well as specific grounds regarding vehicles registered abroad. Any other reason – for example, “just checking documents”, “preventive inspection”, “operational and preventive measures” without further specification – is not included in this list and is therefore unlawful as it contradicts the principle of legality of police activities.​​

Groundless stop: what exactly is the violation
The law directly links the power to stop a vehicle with the existence of a specific ground provided by law, and not with a general “suspicion” or the police officer’s internal conviction. The requirement to state the reason for the stop is not a formality: the absence of a clearly formulated lawful ground means that the stop itself is unlawful, and subsequent actions (document check, inspection, issuing a decision) amount to unlawful interference with the driver’s rights. In practice, there are widespread “false grounds” such as “document check”, “alcohol check without signs of intoxication”, “check regarding mobilisation” etc. – all of them, in the absence of a specific reference to the grounds of Article 35, constitute an abuse of powers.​

Courts’ position: consequences of an unlawful stop
Courts repeatedly emphasise that the lawfulness of any further proceedings depends on the lawfulness of the initial stop. If the police officer fails to prove the existence of grounds provided by Article 35, reports, decisions and other materials are considered inadmissible evidence, and the proceedings are usually closed due to the absence of the elements or the event of an offence. In high‑profile cases, courts have stressed that the officer is obliged not only to state the reason for the stop, but also to corroborate it with proper evidence (video recording, lookout notices, search materials), and, where such evidence is lacking, have found fines unlawful and issued separate rulings concerning violations committed by the police.​

Driver’s rights in case of an unlawful stop
1.To demand that the police officer clearly state the legal ground for the stop with reference to Article 35 of the Law “On the National Police”.
2.To record communication with the police officer on video without obstructing the performance of lawful orders.
3.If a ground not provided by law is cited, to state that it is unlawful and request that the unlawful actions be stopped.
4.If unlawful actions continue, to call another patrol unit via 102 to record the violations.​

5.To subsequently challenge police actions through administrative procedures (complaints to superiors, the State Bureau of Investigation, the Ukrainian Parliament Commissioner for Human Rights) or in court.
6.To avoid resisting lawful orders (for example, presenting documents) so as not to create the risk of a separate offence, and instead to build a defence based on recording the violations and challenging them afterwards.

Practical tips and the role of a lawyer
For an effective defence, it is advisable to immediately record all circumstances: time, place, patrol car number, the officer’s name, the contents of the stated reason for the stop, and to keep continuous video recording. Subsequently, these materials may become key evidence when challenging the decision or police actions, since it is the police that must prove the lawfulness of the stop and the legitimacy of subsequent procedural actions. Engaging a lawyer makes it possible to correctly qualify the violations, choose the optimal method of protection (cancellation of the decision, compensation for damage, disciplinary or even criminal liability of the police officers) and minimise the risks for the driver associated with incorrect actions taken “on the spot”.

If you have any questions or issues related to a vehicle stop without grounds provided by law, challenging police actions or imposed fines, you should seek individual legal advice in order to assess your situation and protect your rights in administrative or judicial proceedings.

Author: Yevhenii Murchenko, Head of the Criminal Law and Procedure Practice of the law firm “WINNER”.