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 wanted status imposed by the Obolonskyi TCK and SP for failure to appear in response to a summons
A person liable for military service contacted Prikhodko & Partners Law Firm after encountering a wanted status associated with the Obolonskyi District Territorial Recruitment and Social Support Center in Kyiv.
Information about a violation of military registration rules created risks for the man during document checks and could serve as grounds for taking him to the Territorial Recruitment Center (TRC).
Such situations are fairly common: persons liable for military service may remain on a TRC wanted list for a long time, even after the time limits for imposing administrative liability have expired.
The main objective was to assess the lawfulness of the wanted status, establish grounds for challenging it, and secure the removal of the relevant information without going to court.
What made the situation complex?
The client was registered for military purposes at the Obolonskyi District Territorial Recruitment and Social Support Center in Kyiv. However, he encountered a problem due to information about a violation of military registration rules.
The difficulty was that violation records do not always disappear automatically from the state register, even after the statutory time limits have expired.
It was therefore important both to check the time limits and to properly substantiate the need to review the client’s military registration records.
How did the lawyer help resolve the problem?
Senior lawyer for military matters Danylo Honcharenko began by analyzing the circumstances leading to the wanted status and checking the client’s military registration data.
The legal support included the following steps:
- Analyzing the grounds for the wanted status. The circumstances of a possible violation of military registration rules and the lawfulness of retaining the relevant records were examined.
- Examining the time limits for imposing liability. The applicability of Article 38 of the Code of Ukraine on Administrative Offenses to the client’s situation was assessed.
- Preparing a legal position. Arguments were developed for an administrative challenge and the removal of the violation records.
- Submitting a request to the Kyiv City Territorial Recruitment and Social Support Center. A review was initiated into the circumstances surrounding the actions of the Obolonskyi District Territorial Recruitment and Social Support Center.
After considering the request, the Kyiv City Territorial Recruitment and Social Support Center conducted the relevant review.
Its official response confirmed that there were no records of the client’s violation of military registration rules and that the issues raised in the request had been resolved.
The matter was therefore resolved through an administrative procedure without court proceedings.
Outcome
The legal support made it possible to resolve the issue of the wanted status associated with Kyiv’s Obolonskyi TRC and obtain official confirmation that there were no records of a violation of military registration rules.
The Kyiv City Territorial Recruitment and Social Support Center confirmed that the circumstances prompting the client’s request had been addressed.
Legal assistance with removing a TRC wanted status
If you are on a TRC wanted list, the Reserve+ app displays violation records, or you believe the time limits for imposing administrative liability have expired, the lawyers at Prikhodko & Partners will help assess the lawfulness of the situation and prepare the necessary complaints.
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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