How to appeal a fine of the territorial center

Full-scale hostilities in Ukraine have been going on for more than 2 years, as the Russian Federation has not abandoned its initial goals of full occupation of our country.

Under such circumstances, the state needs more and more citizens to join the army. In this regard, the territorial center began massively imposing fines on citizens for violating military records.

Usually, such fines are not justified, and therefore they are subject to appeal. What is the relevance of the chosen topic for today.

In this informative article, lawyers from the Prikhodko and Partners law firm will talk about the specifics of appealing fines imposed by the territorial center employees.

How to appeal a fine from the territorial center: action algorithm

• First of all, in order to appeal the fines, it is necessary to find out exactly which violations were committed by the employees of the territorial center.

In practice, the key violation is the failure to properly inform the citizen who is subject to administrative responsibility about the date, time, and place of the case hearing.

Such an obligation is enshrined in Art. 268 of the Code of Administrative Offenses, which states that cases of administrative offenses are considered in the presence of a citizen, who is directly held accountable.

This person may be absent during the hearing of the case only if he has been duly notified of the place and time of the hearing of the case, and if he has not received a written request to postpone the hearing of the case. In order to inform a person, a separate summons is sent to him 3 days before the day of the hearing of the case in court.

Importantly! A subpoena to the territorial center for clarification of account data is not a proper notification within the scope of consideration of cases on administrative offenses.

If the person was not properly notified of the date, time and place of the hearing, this will be grounds for appealing the decision on the imposition of a fine.

• The groundlessness of the resolution is also grounds for its appeal.

This is explained by the fact that the territorial center must not only note that a person has violated the current legal provisions, but also provide evidence that confirms these circumstances.

• Checking the terms of appeal of the resolution.

After the detected violations on the part of the territorial center employees, the citizen should check whether the general deadlines for appealing the decision on the imposition of a fine have not expired.

The Code of Administrative Offenses establishes that a person has a 10-day period to appeal a decision on administrative liability from the moment it is issued.

Therefore, within this term, you need to file a claim for annulment of the relevant resolution and submit it to the local court of the 1st instance.

If the deadlines were still missed, a substantiated application for renewal of the deadline should be submitted together with the lawsuit. After the judicial authority opens proceedings on the case, the decision on the imposition of a fine is not executed until the final decision is made by the court.

If the court approves the claim, then there is no need to pay the fine, because the decision is canceled.

Independent appeal of fines imposed by the territorial center employees is not an easy task, as it requires appropriate experience and legal knowledge.

And therefore in which cases the best solution would be to turn to qualified specialists from the Prikhodko and Partners law firm.

Our lawyers have many years of practical experience in the field of military law of Ukraine and therefore have a good understanding of all its problematic aspects, which allows us to effectively protect the interests of the company's clients. Do not delay and contact us!