On strengthening the protection of drivers’ rights from police arbitrariness in cases of administrative offenses under Article 130 of the Code of Administrative Offenses

The article analyzes both scientific doctrines and court decisions in the United States, Germany, and Ukraine, as well as the provisions of current Ukrainian legislation, which play a fundamental role in ensuring the protection of human rights and freedoms in the sphere of administrative liability for acts provided for in Article 130 of the Code of Administrative Offenses. It is noted that in cases involving the prosecution of drivers for driving under the influence of alcohol, it is of fundamental importance to ensure the standard of proof “beyond reasonable doubt,” which requires the court to carefully verify strict compliance with the procedure for examination and admissibility of evidence, since any procedural violation on the part of the police inevitably leads to the arbitrary accusation of any person of being intoxicated and, thereby, constitutes excessive interference in their personal life, violates their right to liberty and freedom of movement, and grossly humiliates their human dignity, which are guaranteed by the Constitution of Ukraine. Based on the results of the study, it was concluded that both legal dogma and judicial practice play a fundamental role in ensuring the protection of human rights and freedoms, creating a reliable basis for harmonizing the national legal order with international standards of justice, and guaranteeing the effectiveness of checks and balances in the current legal reality. The use of scientific doctrines by courts, in particular “reasonable suspicion” and “beyond reasonable doubt,” “the fruits of the poisonous tree”, in cases under Article 130 of the Code of Administrative Offenses helps to move away from a formal approach and require the police to provide indisputable evidence obtained in strict accordance with the established procedure. This guarantees that a driver cannot be held liable on the basis of subjective statements by a police officer alone, without supporting them with proper and admissible evidence. The experience of Germany and the United States contributes to a deeper understanding that the severity of sanctions under Article 130 of the Code of Administrative Offenses (large fines and deprivation of driving rights) actually brings this liability closer to the “criminal aspect” as understood by the ECHR, which requires the highest level of compliance with procedural guarantees. Therefore, it is scientific analysis, taking into account global experience, that allows contradictions to be levelled out and gaps in the national procedure for detecting and recording signs of intoxication to be eliminated, ensuring that drivers have a stronger right to defense, as well as preventing arbitrariness on the part of law enforcement agencies, guaranteeing that no person will be held liable without proper legal grounds. This ensures an appropriate balance between the interests of public safety and the inviolability of the fundamental rights of individuals to a fair trial.