1. The subject of the dispute is the cassation review of the judgment of the court of first instance and the ruling of the appellate court in criminal proceedings regarding the charges against a person under Part 1 of Article 286-1 of the Criminal Code of Ukraine (violation of traffic safety rules while in a state of intoxication).
2. The Supreme Court, composed of a panel of judges of the Criminal Cassation Court, concluded that this case contains an exceptional legal issue that requires resolution by the Grand Chamber of the Supreme Court. The judges pointed out the need to ensure the consistency of judicial practice in cases related to the qualification of the actions of drivers who are in a state of intoxication. Since fundamental questions regarding the application of substantive law arose during the consideration of the prosecutor’s cassation appeal, the panel of judges decided that only the Grand Chamber could provide a final interpretation, which would be binding on all courts. Such a step is necessary to avoid contradictory decisions in the future and to ensure legal certainty. It is important to note that the referral of the case to the Grand Chamber indicates the presence of serious debatable points in law enforcement that go beyond the authority of an individual cassation panel. This decision is aimed at establishing stable and predictable judicial practice in cases involving traffic accidents committed while in a state of intoxication.
3. The Supreme Court decided to refer the criminal proceedings regarding PERSON_6 to the Grand Chamber of the Supreme Court for consideration.
