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.
A conscript named I., currently stationed abroad, contacted our company. He had a deferment during his mobilization and had no outstanding administrative fines, yet he was still unlawfully placed on the wanted list by TCC employees. The reason given was that the details were not clarified by July 16, 2024. It was discovered that the administrative case had not been closed, despite the one-year statute of limitations for the offense having already expired, which directly violates Article 38 of the Code of Ukraine on Administrative Offenses. Having established all the facts of the case, an action plan was developed to appeal the illegal actions of TCC and JV employees.
What was included in the legal support provided by “Prikhodko&Partners” Law Firm on cancellation of the search?
The first step is filing an application to remove the wanted list.
Our lawyers provided full support for the initial application: they completed the application, collected the necessary documents, and submitted them to the relevant TCC and JV.
The law sets clear time limits for holding a person administratively liable. This can only be done:
Within 3 months from the date of discovery of the offense
Within 1 year from the date of commission of the offense
This is exactly what happened to the conscript I. The deadlines for filing a complaint and imposing a fine had long expired, but the case was not illegally closed.
The second stage: control over the execution of the application
The next step was to draft and submit a lawyer’s request, which clearly stated:
evidence of unlawful searches;
evidence of officials exceeding their authority;
arguments for the legislative regulation of the issue of searches and liability;
demand to overturn the decision of the TCC and JV and require the cancellation of the fine;
demand to review the lawyer’s application within strict deadlines and within the law.
Our military lawyer:
fully oversaw the progress of the case;
prepared explanations and additional evidence;
maintained contact with the client and informed them of all procedural steps;
provided full legal support until the search was lifted.
The result of the lawyer’s work
The TCC and JV fully satisfied the application:
Confirmed that the client is no longer in violation of military registration rules.
Closed the client’s administrative case.
Cancelled the search in the military registration registry.
Cancelled the appeal to the National Police of Ukraine for the client’s administrative detention.
Cancelled the fine for violating registration rules.
After updating the data in the Reserve+ app, the client saw that the decision had been fully implemented and all wanted lists had been removed.
The actions of TCC and JV employees must be strictly regulated by law. The requirements of the Code of Ukraine on Administrative Offenses are mandatory. TCC and JV employees do not always voluntarily comply with the law.
If you’re faced with such a problem, it’s time to seek the help of a qualified lawyer who has successfully implemented the client’s right to close an administrative case, both in court and out of court.
We work Monday - Friday from 9:30 to 18:00. If you leave a request after 18:00 on weekdays - we will contact you the next business day starting at 9:30.
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