Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Case: The military registration and enlistment office fine was canceled, the wanted list was lifted, and the proceedings were closed
Illegal imposition of administrative penalties by territorial recruitment and social support centers (TCK and SP) has become a widespread problem, especially for citizens who are abroad. In this case, we managed to cancel the illegal resolution, remove the client from the wanted list and unblock his accounts.
Client: Igor, military conscript
Region: Kyiv city, Podilskyi district
Problem: The TCK issued a resolution to impose a fine under Art. 210-1 of the Code of Administrative Offenses without proper notification to the client. As a result, enforcement proceedings were opened, accounts were seized and an announcement was made on the “wanted list of the TCK”.
Desired result: Cancellation of the TCK resolution, closure of enforcement proceedings, unblocking of bank accounts and bringing military registration data into compliance with the legislation.
Responsible lawyer: Diana Ternova
The essence of the legal problem
The client is outside Ukraine, which he indicated in reserve+ when updating the data. However, the Podolsk RTCC and SP initiated a procedure to bring him to administrative responsibility. The summons and notice of the case were not served properly, which deprived the client of the right to protection. Despite this, the head of the CCC issued a resolution on a fine in the amount of UAH 25,500. Based on this resolution, the Internal Revenue Service opened proceedings and blocked the accounts, doubling the fine. Thus, within the amount of the recovery, taking into account the enforcement fee/basic remuneration of the private executor, the costs of enforcement proceedings, and fines, the amount was UAH 56,369.
Stages of work
- Legal analysis and collection of evidence. The case materials were analyzed and it was established that the CCC violated the procedure for considering a case on an administrative offense. Subsequently, an appeal was initiated to the relevant authorities and an appropriate package of documents was prepared.
- Judicial protection. Appeal to the court with an administrative claim against the Podilskyi RTCC and the joint venture.
Result of the trial: the court in the case fully satisfied the Client’s claims, namely:
- The administrative claim for recognition as unlawful and cancellation of the resolution on the imposition of an administrative penalty in the case of an administrative offense shall be satisfied.
- The claims for cancellation of the resolution on the imposition of an administrative penalty in the case of an administrative offense shall be satisfied.
- To cancel the resolution of the Podilskyi district in the city of Kyiv territorial center for staffing and social support on bringing the Client to administrative liability under Part 3 of Article 210-1 and imposing an administrative penalty on him in the form of a fine in the amount of 25,500 (twenty-five thousand five hundred) hryvnias 00 kopecks.
- To close the proceedings in the case of the Client’s administrative offense under Part 3 of Article 210-1 of the Code of Administrative Offenses.
- Interaction with the bailiff service and unblocking accounts: after receiving the court decision, the bailiffs (Podilskyi Department of the State Police) were in no hurry to close the proceedings. Therefore, we prepared and filed a complaint with higher authorities about the inaction of the state bailiff.
Result for the client
Thanks to the prompt response:
- The enforcement proceedings were closed
- The client’s bank accounts were fully unblocked
- The violation of military accounting rules was canceled
This case demonstrates that being abroad is not an obstacle to protecting one’s rights in court. Thanks to the professional actions of lawyers, the client not only got rid of the illegal fine, but also restored his status in the military registration registers (removal of the “wanted” status), receiving a document without any violations.
If you are faced with account blocking or illegal fines from the CCC, do not delay. Timely appeal to specialists allows you to resolve the problem in the legal field.
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