On March 27, the Storozhynetsky District Court of Chernivtsi Oblast considered a case of administrative offense, according to which a software engineer allegedly attempted to illegally cross the state border into Romania outside the established checkpoints. We tell you the details of the story.
On March 27, the Storozhynetsky District Court of Chernivtsi Oblast considered a case of administrative offense, according to which a software engineer allegedly attempted to illegally cross the state border into Romania outside the established checkpoints. We tell you the details of the story.
The peculiarity of the case is that the IT worker, whom the border guards accuse of violating the law, is located 35 km from the state border of Ukraine. He did not appear in court, and the court, in turn, did not receive evidence that the programmer had the intention to actually illegally flee Ukraine.
In this case, as evidence of the IT specialist’s guilt, the court was provided with only a report on an administrative offense, which certifies the fact of the illegality of the actions and must contain data on the place, time of commission, the essence of the offense, and the regulatory act that provides for liability for this offense.
After examining the said document, the court concluded that the fact of the man’s presence 35 km from the state border line in itself does not indicate an intention to commit an offense.
The protocol on the administrative offense did not include evidence that would confirm the attempt by the IT worker to illegally cross the state border: photos or video footage from the place of detention or movement of the vehicle, a map of the area with a reference to the place of the attempt to cross the state border.
Having not received an answer to the specified question, the court believes that the information about the attempted border crossing contained in the protocol on the administrative offense is an assumption that is interpreted in favor of the person being held administratively liable.
Given the above, the court found no evidence of the programmer’s guilt in attempting to illegally cross the state border from Ukraine to Romania. The proceedings were closed.
The court’s decision may be appealed to the Chernivtsi Court of Appeal within 10 days from the date of its issuance.
