Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: The search status at the Podilskyi TCK and SP was removed due to the expiration of the statute of limitations
A person liable for military service who was registered with the Podilskyi District Territorial Recruitment and Social Support Center (TRSSC) in Kyiv contacted Prikhodko & Partners Law Firm. Despite having a legally granted deferment from mobilization, the man was still listed as wanted in connection with an alleged violation of military registration rules.
What Made the Situation Complicated?
The client was registered for military service with the Podilskyi District TRSSC and had a valid deferment from conscription during mobilization.
However, having a deferment does not automatically exempt a person from liability for previously committed violations of military registration rules. Therefore, it was necessary to separately examine the legal grounds for recording the client as wanted and whether the statutory time limits for imposing administrative penalties had been observed.
Under Article 38 of the Code of Ukraine on Administrative Offenses, for violations provided for in Articles 210 and 210-1 of the Code and committed during a special period, an administrative penalty may be imposed within three months from the date the offense is detected, but no later than one year from the date it was committed.
In addition, paragraph 7 of part one of Article 247 of the Code of Ukraine on Administrative Offenses provides for the closure of administrative offense proceedings when the statutory time limits have expired.
The expiration of the time limits for imposing administrative liability became one of the key arguments for challenging the client’s continued wanted status.
What Did the Legal Support Provided by Prikhodko & Partners Include?
Our senior military law specialist, Danylo Honcharenko:
- Analyzed the client’s military registration records — including his registration status, valid deferment, and the circumstances surrounding his inclusion in the wanted records.
- Reviewed the statutory time limits for administrative liability — establishing that the applicable limitation period had expired.
- Contacted the Podilskyi District TRSSC. Prepared and submitted a substantiated request to remedy the violation and remove the wanted status due to the expiration of the statutory time limits. However, the district TRSSC rejected the request, leaving the matter unresolved.
- Prepared and submitted a complaint to the Kyiv City TRSSC. Following the refusal, the lawyer challenged the actions of the Podilskyi District TRSSC before the higher-level authority.
- Obtained official confirmation that no violations had been identified. After reviewing the complaint, the Kyiv City TRSSC officially confirmed that no violations of military registration rules had been found on the client’s part.
Result: Wanted Status Removed, No Military Registration Violations Identified
As a result, the matter was successfully resolved through an administrative complaint submitted to the Kyiv City TRSSC, without the need to initiate court proceedings.
This case demonstrates that a wanted status in military registration records does not always indicate an existing violation. If the statutory time limits for imposing administrative liability have expired or the alleged violation is not substantiated, the actions of the TRSSC may be challenged through the procedures established by law.
Legal Assistance with Removing a TRSSC Wanted Status
If the Reserve+ application shows that you are wanted, even though you have a deferment from mobilization, have not violated military registration rules, or believe that the statutory time limits for administrative liability have already expired, the lawyers at Prikhodko & Partners can help you assess and resolve the situation.
Submit your request below if you need assistance with removing a wanted status issued by a military recruitment authority.
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