Appealing the fine of the territorial center

On February 24, 2022, martial law was introduced in Ukraine in connection with the beginning of the full-scale armed aggression of the Russian Federation.

From that time, mass recruitment of conscripted citizens for military service in the ranks of the Armed Forces began. However, to date, the full-scale war has been going on for more than 2 years, and mobilization measures in Ukraine are intensifying every month.

As a result of these circumstances, the number of fines imposed by the territorial center employees is increasing. That is why the issue of appealing such fines is more relevant than ever.

In this informative article, we will talk about the specifics of appealing fines imposed by the territorial center, taking into account the latest changes to the current legislation of Ukraine.

For what can the territorial center employees impose a fine?

From the analysis of the provisions of the Code of Administrative Offenses, it can be seen that the territorial center is authorized to bring persons to administrative responsibility on the grounds and:

• 210 – violation of military registration rules by conscripts, conscripts, and reservists;
• 210-1 – violation of current legal acts on defense, mobilization training, and mobilization;
• 211 – loss of military registration documents or their deterioration, or their careless storage (in this context, military registration documents should include military ID, identification card of registration at the relevant conscription station, and temporary certificates issued to conscript citizens).

Thus, only under these articles listed above, the territorial center employees have the right to bring citizens to administrative responsibility and impose fines on them.

How is it possible to appeal the imposed fines of the territorial center?

In practice, the following recommendations should be followed for appealing fines from the territorial center and joint ventures:

• Failure to notify a citizen of prosecution and the application of fines is grounds for appealing the resolution of the territorial center.

Quite often in practice, it is possible to find that the territorial center issues a resolution on bringing a citizen to administrative responsibility, but does not inform the latter about the application of fines to him, although he is obliged to do this by sending a copy of the administrative resolution on bringing responsibility to the person under the relevant article of the Code of Administrative Offenses.

As a result, these actions of the territorial center led to the fact that the person could not have known about the fact that he was brought to justice, and the time limit for appealing such a decision has already expired.

Therefore, you should apply to the judicial authorities with a claim to renew the terms for appealing this resolution and indicate why the imposed fine is illegal;

• When a citizen is brought to administrative responsibility, the resolution must contain evidence confirming his guilt in actions or inaction.

If the employees of the territorial center in the resolution only noted that the person violated the norms of the current legislation, but did not provide any evidence confirming these facts, then this is a reason for appealing such a resolution and canceling the imposed fine;

• If the citizen was not informed about the date, time, and place of consideration of the case on the imposition of a fine, then this is also a reason to appeal the decision of the territorial center.

If you need legal assistance regarding the appeal of the territorial center fines, then in such circumstances you should contact the lawyers from the Prikhodko and Partners law firm.

We not only have good knowledge in the field of military law of Ukraine but also have a wealth of it years of experience in their application in various state authorities, which allows us to provide only effective legal support to the company’s clients.

In addition, we apply only an individual approach to each situation that arises with citizens in practice. Therefore, do not delay and fill out the application form below and our lawyer will contact you shortly.