A man was detained by border guards while attempting to escape to Moldova. He denies his guilt, claiming he was at a recreation center. He was found guilty and fined 3,400 hryvnias. This is stated in the ruling of the Belyaevsky District Court of the Odessa region, published on December 23, 2024.
On October 2, 2024, at 12:30 PM, the man attempted to illegally cross the state border from Ukraine into the Republic of Moldova at the Yaski (Ukraine) - Krokmaz (RM) route outside the established checkpoint, violating the requirements of Article 9 of the Law of Ukraine "On the State Border of Ukraine." He did not appear at the court hearing.
During the court session, the man's lawyer denied the guilt regarding the violations noted in the protocol, stating that, according to reports, he intended to cross the border; however, this is merely the assumption of the border guards and does not imply his liability. The citizen was at the recreation center, having his personal belongings with him. The wetsuit with rubber stockings was taken from the recreation base. He believes that the case should be dismissed due to the lack of an administrative offense since there is no evidence of an attempt to cross the border. He pointed out the absence of video evidence of the violation.
The court found the man guilty of committing an administrative offense under part 1 of Article 204-1 of the Code of Ukraine on Administrative Offenses (KУоАП). He was subjected to an administrative penalty in the form of a fine in favor of the state amounting to two hundred non-taxable minimum incomes of citizens, which totals 3,400 hryvnias.
"The court does not take into account the lawyer's argument that the man was resting at the recreation center, as no supporting documents were provided. Additionally, being a local resident of the Belyaevsky district of Odessa, he was fully aware of the regime restrictions that would be in effect until the legal regime of martial law in Ukraine is lifted, or until a separate order is issued, as established by the border detachment order dated April 11, 2022, No. 447-AG 'On the Introduction of Additional Temporary Restrictions,' which was communicated to the public in accordance with the law. The court concluded that the citizen arrived at the Turuсhuk River specifically to illegally cross the state border of Ukraine with the Republic of Moldova, but was unable to do so due to the operational actions of the border guards. In determining the administrative penalty, the nature of the offense and the personality of the offender were taken into account. No circumstances were found that would mitigate or aggravate the responsibility for the administrative offense. Considering the specified circumstances of the case and the identity of the offender, there are grounds to apply to the citizen the administrative penalty measure provided for by the sanction of part 1 of Article 204-1 KУоАП, in the form of a fine of 200 non-taxable minimum incomes of citizens, which amounts to 3,400 hryvnias," the court emphasized.