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 linked to a mobilization order at Kharkiv’s Shevchenkivskyi TRC and secured the removal of violation records
A person liable for military service contacted Prikhodko & Partners Law Firm after the Reserve+ app displayed information about a violation of military registration rules linked to a mobilization order.
The main objective was to assess the lawfulness of the wanted status, analyze the time limits for imposing administrative liability, and secure the removal of the relevant information from the state register.
What made the situation complex?
The client discovered problems with his military registration data through the Reserve+ app. The register contained information about a possible violation linked to a mobilization order.
This status created risks for the man during checks of his military registration documents, including the possibility of being taken to the Territorial Recruitment Center (TRC) to clarify the circumstances.
The situation was complicated by the fact that the violation records remained in the register, even though administrative liability is subject to statutory time limits.
Under Article 38 of the Code of Ukraine on Administrative Offenses, an administrative penalty for offenses under Articles 210 and 210-1 committed during a special period may be imposed within three months of discovery, but no later than one year after the offense was committed.
However, the mere expiry of those time limits does not mean that information is automatically deleted from the state register. The client therefore needed legal assistance to examine the circumstances and challenge the relevant records.
Legal support from Prikhodko & Partners Law Firm
Senior lawyer Danylo Honcharenko analyzed the circumstances in which the violation information had been entered, the grounds for the wanted status, and the time limits for imposing administrative liability on the client.
Based on the established circumstances, a complaint concerning the actions of officials at the Shevchenkivskyi District Territorial Recruitment and Social Support Center in Kharkiv was prepared and submitted to the Kharkiv Regional Territorial Recruitment and Social Support Center.
The submission raised the question of whether retaining the military registration violation records was lawful and requested an examination of the relevant circumstances.
Outcome
After considering the complaint, the higher-level Territorial Recruitment Center reported that the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists contained no information about the client’s violation of military registration rules.
This case demonstrates that a wanted status linked to a mobilization order can be addressed through an administrative challenge. It is important to examine the lawfulness of the grounds for entering the relevant records and compliance with the time limits for imposing liability.
Legal assistance with removing a TRC wanted status
If the Reserve+ app displays information about a violation of military registration rules, you have been placed on a wanted list in connection with a mobilization order, or you believe the time limits for imposing administrative liability have expired, the lawyers at Prikhodko & Partners will help protect your rights.
Our specialists will assess the lawfulness of the TRC’s actions, analyze your documents, prepare the necessary complaints, and provide legal support through to the outcome.
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.
Telegram
Viber
WhatsApp
Facebook
Instagram