Senior 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: We challenged a UAH 34,000 TRC fine for failure to appear in response to a summons: the court annulled the decision
A person liable for military service contacted Prikhodko & Partners Law Firm after being held administratively liable for allegedly failing to appear in response to a summons from the Dniprovskyi District Territorial Recruitment and Social Support Center (TRC) in Kyiv.
What made the situation complex?
The TRC considered that the client had violated Article 22 of the Law of Ukraine “On Mobilization Preparation and Mobilization” by failing to appear on the specified date. Its decision stated that the offense was confirmed by information from the state register, the summons, and postal dispatch documents.
However, during the court proceedings it emerged that the case file did not contain even a copy of the summons under which the client was allegedly required to attend the TRC. Nor was proper evidence provided that the summons had been sent to the man by post or served by another method prescribed by law.
It is important to understand that simply stating in a TRC decision that a summons was sent is insufficient proof that a person liable for military service was duly notified of the requirement to appear.
How did the lawyer help overturn the TRC fine?
Senior lawyer for military matters Danylo Honcharenko examined the circumstances in which the client had been held administratively liable and the grounds for challenging the decision in court.
The legal support included the following steps:
- Analyzing the TRC decision. The grounds for imposing a fine under Article 210-1, part 3, of the Code of Ukraine on Administrative Offenses and the circumstances of the client’s alleged failure to appear were examined.
- Identifying shortcomings in the evidence. Particular attention was paid to the lack of proper confirmation that the summons had been sent or served, and to whether the client had been notified of the administrative case hearing.
- Preparing and filing a court claim. The claim substantiated why holding the client liable was unlawful and sought annulment of the TRC decision and closure of the administrative offense case.
- Providing support for the court challenge. The court restored the client’s time limit for filing the claim and considered the case under a simplified procedure without summoning the parties.
The court found that there was no proper evidence that the person liable for military service had been summoned to the TRC, and therefore his guilt in committing an administrative offense had not been established. Under Article 251 of the Code of Ukraine on Administrative Offenses, the circumstances of an administrative offense and the person’s guilt must be supported by evidence.
The court also took into account that failure to duly notify a person of an administrative offense hearing breaches the procedure for imposing liability.
As a result, the court concluded that the client’s conduct did not constitute an administrative offense under Article 210-1, part 3, of the Code of Ukraine on Administrative Offenses, and that the TRC decision should be annulled.
Outcome
The court overturned the TRC fine and closed the case.
The legal support therefore secured a court ruling annulling the decision imposing the fine and closing the administrative offense case.
Legal assistance with challenging TRC fines
If you have received a TRC fine for failure to appear in response to a summons, discovered that enforcement proceedings have been opened, or believe you have been held liable unlawfully, the decision may be challenged where appropriate legal grounds exist.
The lawyers at Prikhodko & Partners will help assess the lawfulness of the fine, analyze evidence of service of the summons, prepare a claim, and provide legal support in court.
Do you still have questions? We look forward to seeing you at an initial consultation! To calculate the cost of our services, complete the form below.
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