Appeal of a fine for violation of military accounting at the enterprise

For more than 1.5 years, new changes in the rules of military accounting at enterprises have been in effect in our country, which were established by Order No. 1487 dated December 30, 2022.

During this time, a large number of officials were brought to administrative responsibility within the framework of Art. 210-1 of the Code of Ukraine on Administrative Offensess.

Not all sanctioned fines were imposed within the limits of the current legislation, as employees of TCC and JV quite often prosecuted innocent persons. And that is why the question of appealing such fines has become widely relevant.

In this informative article, lawyers from the “Prikhodko and Partners” law office will tell you exactly how it is possible to appeal the imposed fine for violation of military records at the enterprise.

What is the procedure for prosecution under Art. 210-1 of the Code of Ukraine on Administrative Offenses?

Usually, tin order to prosecute an official of state authorities, local government, legal entities, and public associations under Art. 210-1 of the Criminal Procedure Code, it is necessary to first identify the composition of the offense in its actions.

For this purpose, RTCC and JV are authorized to carry out appropriate inspections, namely:

• every year (both planned and unplanned) at enterprises that include conscript citizens who received reservations for the entire period of martial law or a certain period of time at these enterprises, or persons who received a “combat summons” (mobilization order);
• for other private enterprises – 1 time in 4 years.

Regional TCCs and JVs are also empowered to conduct inspections at enterprises every year, but they must do so in accordance with the plans for their implementation approved by the city administrations.

If a violation of the current legislation on defense, mobilization training, and mobilization was detected during one of the above-mentioned inspections, then the employees of the TCC and SP may to attract a responsible official under Art. 210-1 of the Code of Ukraine on Administrative Offenses.

What are the legal grounds for challenging a fine for violating military accounting rules?

• The subject of the offense is not appropriate.

Yes, responsibility under Art. 210-1 of the Code of Administrative Offenses of Ukraine bears: the direct manager of this enterprise and the employee who was entrusted with the duties of observing the rules of military accounting.

And therefore quite often the reason for appealing the imposed fine is precisely the fact that the TCC and JV prosecute a person who is not responsible for observing the rules of military accounting at the enterprise.

• Failure to specify the illegal acts that constitute the offense is a legal basis for the possible further cancellation of the resolution under Art. 210-1 of the Code of Ukraine on Administrative Offenses.

Such a legal conclusion was reached by the court in case No. 456/3088/23 dated February 24, 2024, where it indicated that the employees of the TCC and the JV did not specify which actions of the official led to the commission of an offense under Art. 210-1 of the Code of Ukraine on Administrative Offenses.

Therefore, it is not possible to establish from the case materials the very fact of committing an administrative offense in the actions of a person.

• If the citizen was not properly informed about the date, time, and place of consideration of the administrative offense case under Art. 210-1 of the Code of Ukraine on Administrative Offenses – then this is the basis for the cancellation of such a resolution and the release of a person from liability.

Thus, there are quite a lot of grounds for appealing a fine for violation of military records at the enterprise, which makes it difficult for ordinary citizens of Ukraine to understand them.

So if you want to save your time and nerves during the appeal of such a fine, it is better to contact professional lawyers from the Prikhodko and Partners law firm.

We will be able to provide the necessary legal support to the company’s clients in the case because we know all the legal nuances of appealing this category of cases. Do not delay and contact us, because you will always be satisfied with the result during cooperation!