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Return of a driving licence under Article 130 of the Code of Administrative Offences

The most common misconception is: ‘A year will pass, and they’ll give the licence back.’ They won’t. Once the period of disqualification has ended, the licence is not automatically returned — it must be reapplied for, and several conditions must be met to do so.

To have your driving licence returned following a disqualification under Article 130 of the Code of Administrative Offences, you must: wait for the period to end, pass the tests at a Ministry of Internal Affairs service centre, provide a valid medical certificate and ensure there are no outstanding fines.

The second misconception is that nothing can be done. In fact, it is possible to: appeal against the decision itself (even if the deadline has passed), seek to have the case closed, or request early reinstatement.

+38 095 554-54-24 — legal advice

What is required for reinstatement

  1. The expiry of the period of disqualification. It is calculated from the date the ruling comes into legal force. If you have not handed in your licence, the period may not be counted at all — and you will have to wait considerably longer than you think.
  2. Passing the tests — the theory test and, where applicable, the practical test — at the Ministry of Internal Affairs service centre.
  3. Medical certificate — valid and in the prescribed format.
  4. No outstanding fines for traffic offences.
  5. Submit an application and a complete set of documents to the Ministry of Internal Affairs service centre.

If your driving licence has been revoked under Article 130 of the Code of Administrative Offences (driving whilst intoxicated), the procedure is stricter than under other articles.

Reinstatement of a driving licence under Article 130 of the Code of Administrative Offences

Three practical strategies

1. Appealing against the decision — even if the deadline has passed

The time limit for appealing is 10 days from the date the decision was issued. However, if you were not served with a copy of the decision (a typical situation in proceedings by default), the time limit can be restored: it is counted from the date on which you actually became aware of the decision.

The annulment of the ruling means that the driving ban never took place — and your licence is returned without the need for tests.

Grounds for annulment: the fact of driving has not been proven; the examination procedure was breached; there is no video footage; the device was not validly calibrated; or the procedure for referral to a medical facility was breached. For more details, see the page Appealing a report under Article 130 of the Code of Administrative Offences.

2. Dismissal of the case due to the limitation period

A penalty under Article 130 of the Code of Administrative Offences may be imposed within one year from the date the offence was committed. If the court has not issued a ruling within this period, the proceedings must be dismissed.

Important: for Article 124 of the Code of Administrative Offences, this time limit is 3 months, and this strategy is much more likely to succeed in such cases.

3. Early termination

Where there are grounds, early termination of the enforcement of the ruling is possible. This is not an ‘agreement’, but a procedural process with its own conditions — and it does not apply in every case. We assess each case individually.

Common issues

Failure to surrender the driving licence. People believe that ‘if you haven’t surrendered it, you haven’t been disqualified’. In reality, the disqualification period simply does not begin to run, and driving without a licence is a separate offence.

The decision was issued in absentia. The person only finds out about the disqualification when they are stopped by a patrol. In this case, the time limit for appealing is reset.

Fines have not been paid. The licence will not be issued whilst there is an outstanding debt. Moreover, the unpaid fine may have doubled.

The medical certificate has expired or was obtained from a non-accredited institution.

The test has not been passed. After a long break, it is normal not to pass the theory test on the first attempt – a retake is possible.

When you do not need a solicitor

The deadline has passed, the fines have been paid, you have the certificate, and you will sit the tests yourself — go to the Ministry of Internal Affairs service centre. You do not need a solicitor, and we will tell you as much.

You need a solicitor when:

  • you do not agree with the disqualification and wish to appeal against the decision;
  • the decision was made in your absence, and you only found out about it later;
  • the deadline for appeal has passed — it can be extended;
  • the disqualification lasts longer than it should, because your licence was not surrendered;
  • there are unpaid or doubled fines;
  • you wish to explore the possibility of early reinstatement;
  • they refuse to issue a licence after the deadline has passed.

How we work

  1. We analyse the decision — to see if there are grounds for its revocation.
  2. We check the time limits — when the disqualification actually expires and whether the limitation period has expired.
  3. We prepare a complaint requesting an extension of the time limit, if it has been missed.
  4. We challenge the decision in court.
  5. We oversee the refund process — checking fines, documents, and liaising with the service centre.
  6. We challenge the refusal to issue a licence, if it is unlawful.

Cost of services

Service Price
Consultation with analysis of the decision from 1,500 UAH
Legal opinion: assessment of the prospects of an appeal from 5,000 UAH
Preparation of a complaint, application for an extension of the time limit from 5,000 UAH
Attendance at one court hearing from 3,000 UAH
Court representation from 10,000 UAH
Comprehensive ‘turnkey’ representation in administrative cases from 30,000 UAH

In cases concerning administrative offences no court fee is payable.

Full price list · Appeal against a report under Article 130 of the Code of Administrative Offences

Questions and answers (Reinstatement of driving licence)

Is the licence automatically reinstated after the suspension period?

No. You must pass the tests at the Ministry of Internal Affairs service centre, hold a valid medical certificate and have no outstanding fines.

When does the suspension period begin?

From the date the decision comes into force. However, if the licence has not been surrendered, the period does not actually expire — and you will have to wait longer.

I haven’t handed in my licence. What does this mean?

It means that the disqualification period is not counted, and driving with such a licence constitutes a separate offence. It is in your best interests to hand it in.

The ruling was issued in my absence. Can I appeal against it?

Yes. If you were not served with a copy of the ruling, the time limit for appeal is reset — it is counted from the date on which you actually became aware of it.

Can I get my licence back early?

If there are grounds for doing so, early termination of the ruling’s enforcement is possible. This is a procedural matter, and it does not apply in every case — we assess each case individually.

Do I have to take a practical test?

It depends on the grounds for the disqualification and the duration. The theory test must always be taken; the practical test is required in specified cases.

What should I do if the fine has doubled?

Check the legality of the decision and the enforcement proceedings. The fine is doubled if it remains unpaid for 15 days, but the decision itself may have been unlawful — in which case everything is set aside.

Can I drive whilst the appeal is pending?

Lodging an appeal suspends enforcement of the order until the court has ruled on the case. However, this only applies if the appeal is lodged within the time limit or if the time limit has been extended.

What documents should I bring to the consultation?

The court order, the minutes, the report on the assessment of intoxication, documents relating to the surrender of your driving licence, and details of any fines.

Contacting a solicitor at ‘Svarog’ regarding the return of your driving licence

Send us the court order — we’ll check whether there are grounds to overturn it. If there are, your licence will be returned without having to take any tests or wait out the suspension period. If not, we’ll be honest with you and help you go through the reinstatement process without unnecessary delays.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9:00–18:00

Free consultation

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